Is money received by my ex-spouse from his mother included as income in determining spousal support?

Generally speaking, if the ex-spouse is steadily or regularly given money and support by his mother, all (or at least some of it) will likely be considered income for divorce and spousal support purposes. The law does not let people get out of their obligations simply by having another person pay their expenses or an “allowance” and/or by putting or keeping assets in another’s name. That being said, certain factors may change the characterization of mom’s gifts. For example, how regular and reliable are the transactions? For how long has she been helping him? Is the support in the form of money, or in other forms that are harder to track, like groceries or entertainment? Unreliable or short-term gifts of money may not qualify as “income,” and non-monetary gifts that are hard to track also may not qualify as income.

The law generally looks to the reality of a situation, and not to its surface appearance. It also tries—admittedly, not always successfully—to achieve “equity,” or come to results that are fair or just as well as being legally correct. What this means in the context of divorce is that the law may consider the money your ex-spouse receives from his mother as part of his income for purposes of awarding spousal support. The fact that he receives support from his mother (i.e., it’s his mother’s money paying for him) does not automatically exclude these funds from consideration. But at the same time, it is also not certain that they will be included as part of his income—it depends on the situation.

First, regular support is much more likely to be considered as part of his income than a one-time, occasional, or sporadic gift. That’s because a one-time or occasional windfall is not predictable or reliable, and so the court could not determine what he will receive in the future. Not being able to determine what he will get in the future, it would be difficult and unfair to include this as part of his income. After all, if you are awarded more support based on a one-time or occasional gift that he receives, and that gift does not regularly repeat, he may be left having to pay more than he can actually afford to pay.

Second, how long has she been supporting him? If she has been doing it for years, that backs treating the support as income. There is a “track record” or history that shows that it is likely to continue for the simple reason that it has already been going on for a significant period of time. But if she only just started supporting him, it becomes much harder to, with any confidence, say that the support will continue. There is insufficient evidence to conclude that.

Third, a more pragmatic concern: if the mother is buying things for him and those are things which don’t leave much of a “paper trail” or are unexpected (e.g., you would not necessarily look to see who is paying for them), such as, for example. buying groceries for him; paying for his “entertainment” expenses; giving him cash spending money; etc., you may have difficulty determining or proving these amounts. This will limit your ability to include them as his income.

Fourth, only those amounts mom probably does provide for him might be counted, not her total income or assets. She could be worth millions, but if she only gives him $10,000 – $20,000 per year to supplement his income, only that $10k or $20k will be considered (at most).

Finally, remember that it’s not just his economics that affect what support (if any) you will get. It’s the comparison of your economics and his. If you have a steady, good job, and meanwhile, his mother is supporting him because he is out of work, or doesn’t earn enough on his own (without your income) to pay his way, then even if her contributions were counted, you may get little (if any) support. Even with her help, he may not be in a position to pay support, or you may be doing better than him.

To conclude, the mother’s contributions—or at least part of them—may be counted as his income for these purposes. But whether they, in fact, are and, if so, how much is considered part of his income, will depend on the circumstances.

Exploring the Impact of Family Support on Spousal Support: Case Studies

Case Study 1: Regular Support and Track Record

In the case of John and Sarah’s divorce, John’s mother has been consistently providing him with financial support for several years. She regularly contributes to his living expenses, including paying for groceries, entertainment, and giving him cash spending money. Due to the regularity and history of this support, the court considers it as part of John’s income for the purpose of determining spousal support.

Case Study 2: One-Time Gift and Unpredictability

In a different scenario, Rachel and David are going through a divorce. David’s mother occasionally gives him substantial one-time gifts of money. However, these gifts are sporadic and not predictable, making it difficult for the court to determine his future income. Therefore, the one-time gifts from David’s mother are not considered as income for the purpose of calculating spousal support.

Case Study 3: Insufficient Evidence and Non-Monetary Support

In the case of Lisa and Michael’s divorce, Michael’s mother supports him by buying groceries and paying for his entertainment expenses. These non-monetary contributions do not leave a clear paper trail, making it challenging to determine their exact value. As a result, it becomes difficult to include these amounts as part of Michael’s income for the purpose of spousal support.

Case Study 4: Limited Contributions and Financial Comparison

In Sarah’s divorce from Mark, Mark’s mother is wealthy but only provides him with a modest annual supplement of $10,000 – $20,000. In this situation, only the amounts directly contributed by Mark’s mother are considered as part of his income, not her total wealth. The court takes into account the comparison between Sarah’s and Mark’s financial situations when determining the need for spousal support.