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Can temporary spousal support become permanent?

On Behalf of | Jan 15, 2025 | Child And Spousal Support

Temporary spousal support serves as financial assistance during a divorce. It helps the lower-earning spouse maintain stability until the divorce process concludes. 

However, you might wonder whether temporary support can transition into permanent support. The answer depends on specific factors, including the circumstances of the marriage and the court’s evaluation.

The purpose of temporary spousal support

Temporary spousal support provides financial help while the divorce is ongoing. It ensures that both spouses can meet basic needs during this turbulent time. The court usually calculates it using statewide guidelines, focusing on each spouse’s income and expenses. Unlike long-term spousal support, temporary support does not consider factors like the length of the marriage or the long-term earning potential of either spouse.

Factors influencing long-term spousal support

Once the divorce is final, the court determines whether to award long-term spousal support. The decision depends on the length of the marriage, the age and health of both spouses and their ability to earn income. Courts also consider the standard of living during the marriage and whether the lower-earning spouse can reasonably become self-sufficient.

Long-term spousal support does not necessarily mean lifelong payments. For shorter marriages, courts may limit the duration of support. In longer marriages, long-term support may last indefinitely or until there is a significant change, such as remarriage or retirement.

Transitioning from temporary to long-term support

Temporary spousal support does not automatically become permanent. The court evaluates the circumstances and decides based on the evidence presented during the divorce proceedings. If the lower-earning spouse demonstrates a continued need for financial assistance, the court may grant long-term spousal support. However, if the court finds that the spouse can support themselves, it may choose to end support altogether.

While temporary spousal support helps during the divorce, you still must prepare for what comes next. Seeking permanent spousal support requires gathering evidence and presenting a clear case during the divorce proceedings.

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