Understanding Spousal Support Mediation

Spousal support is not a feature of all divorces but at times, it becomes an issue. Spousal support is separate from asset division. It is a regular payment that one spouse must pay another for a limited period of time. The court will decide whether or not spousal support is required and will only broach the subject if a spouse requests it. Amounts involved in spousal support can be discussed in the mediation process. In Texas, spousal support can amount to as much as $2,500 per month and for no more than three years but is only applicable to marriages that have lasted longer than ten years.

Length of Marriage

A number of factors come into play in spousal support decisions. The length of the marriage is important. The couple must have been married for a period longer than ten years. The Court will also consider the age and health of both parties, ability to earn an income, responsibility for children and the availability of funds. Spousal support will only become an issue if one spouse requests it and the amount that is granted are deemed to be sufficient to cover the necessities of life.

Amount of Spousal Support

If the amount of spousal support is considered low, it is worth considering that it is in addition to any assets that are divided between the two spouses. The spouse requesting spousal support may also be receiving child support if they are in custody of any children. Spousal support can therefore be a significant burden on the spouse that must pay. The Court recognizes this and thus applies spousal support sparingly.

Why Spousal Support is Necessary

The reason why “spousal support” is paid is simple. Quite often spouses make career sacrifices for their marriage. If there are children in the marriage and one spouse has been a full time parent, they may not have any employment of which to speak. Finding a new job takes time and may not always be possible depending on the needs of a child or children. While any children will get child support, this may not amount to enough for the custodial parent to run a household. If no children are present then finding work does tend to be a little easier in most cases. Spousal support is generally paid for long enough for the receiver to find meaningful employment. Without spousal support, they might be forced to take whatever work they can find.

Mediation for Spousal Support

If spousal support is requested, mediation is often a useful means to arrive at a monthly figure. In mediation, the spouses will attempt to come to an agreement about an amount that is fair for both the payer and the payee. The mediation can take place in a conference style format with both parties and their lawyers present. If necessary, an alternative format can be used where a mediator will visit both spouses separately. This is often the case in more difficult divorces or in divorces where spousal abuse was a factor.

Why Mediation is Used

In some divorces, mediation is used throughout the entire process. More often, however, it is used for just key points. Spousal support and child support are two such areas where difficult financial decisions must be made. A mediator is an impartial observer that will help to ensure that everything that must be discussed is discussed. The goal of an effective mediator is to see the divorce through to conclusion as quickly as possible. A mediator is not a lawyer and will not side with one party or another. Mediators are generally used in conjunction with lawyers. A lawyer will ensure that the needs of their client are met while the mediator will facilitate communication between spouses to speed the process up as much as possible.

Choosing a Mediator

Not all “mediators” are equal, however. Some will be more effective at achieving results than others. One does need to take care as certain mediators might have other agendas. A good divorce mediator will not try to be a marriage counselor. They are there to help bring the marriage to a conclusion. They need to be sensitive enough to realize that it is a trying time yet they should be rational and able to ask difficult questions when they are needed. Divorce mediation is a specialized profession. Fortunately, in the state of Texas, there are a number of good divorce mediators to choose from. If you are looking for a divorce mediator to help you reach a decision regarding spousal support, a good source of information is your family law attorney. He or she is likely to have worked with a number of different divorce mediators. Your family law attorney should have a very good idea of a mediator for your situation.

Spousal Support

Spousal support can be a contentious topic. After all, it is a common assumption that adults should be responsible for their own wellbeing. All things considered, however, there are very good reasons why spousal support should be granted. Through the process of mediation, it might be possible to find an amount of spousal support that supports the receiving spouse without placing an excessive financial burden on the person whom is paying. The first person to talk to if you are requesting spousal support or if it has been requested is your family law attorney. He or she will be able to explain the process thoroughly, answer any questions that you might have and give you a clear indication as to the amount of money that spousal support is likely to entail. Following this, your family law attorney will be able to direct you to a mediator that has experience in cases much like your own.

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