Divorce can be overwhelming, with many terms flying around that you may not have heard before. One set of terms that often comes up during divorce proceedings is obligor and obligee. Don’t worry if these terms sound unfamiliar; they’re just legal jargon to describe specific roles in divorce, particularly when it comes to financial support. Let’s break down what these terms mean and how they might apply to your situation.
What is an Obligor?
An obligor is the person who is required to make payments. These payments can be either child support or spousal support (also called alimony). If you are the person responsible for making these payments, congratulations—you’re the obligor.
But how does someone become the obligor? In most divorce cases, this role is determined based on income and earning capacity. For example, if one spouse has a higher income or more financial stability, they may be assigned the role of obligor to provide for the other spouse or children after the divorce. Essentially, it’s about ensuring that both parties, particularly any children involved, continue to receive the financial support they need.
What is an Obligee?
On the flip side, the obligee is the person receiving the payments. This could be child support, spousal support, or both. If you are the person being financially supported, then you are the obligee in the divorce.
In divorce proceedings, the court looks at various factors to decide who the obligee will be. This often includes considerations like income, the length of the marriage, the standard of living during the marriage, and—when it comes to child support—the needs of the child and who has primary custody. The goal is to make sure the obligee and any children involved can maintain a similar lifestyle post-divorce.
How Does This Work in Real Life?
Let’s say that during your marriage, you were a stay-at-home parent while your spouse worked full-time and brought in the primary income. After the divorce, you might be the obligee, receiving child support and possibly spousal support, depending on the circumstances. Your ex-spouse, being the higher earner, would be the obligor, responsible for making those payments.
Keep in mind that these roles aren’t fixed. The court can adjust them over time if circumstances change. For example, if the obligor loses their job or the obligee starts earning significantly more money, the court might modify the support orders. Both parties should keep track of their financial situations and be prepared to request adjustments if needed.
Common Misconceptions
One common misconception is that only men can be obligors, while women are always obligees. Gender has nothing to do with it. The determining factors are income, earning potential, and who takes on more responsibility for the children. Many women are obligors, just as many men are obligees.
Another misunderstanding is that once a payment amount is set, it’s set forever. That’s not true! Child support and alimony can be modified based on changes in circumstances, such as a new job, remarriage, or significant life changes.
Why These Terms Matter
Understanding the difference between obligor and obligee is important because it helps clarify who is responsible for what after the divorce. Divorce is complicated enough without being confused by legal terminology. Knowing whether you’re the obligor or the obligee helps set expectations about your financial responsibilities or rights going forward.
Need Help?
Divorce isn’t just about who gets what; it’s about planning for a stable future for both parties involved. Whether you’re the obligor or the obligee, having a clear understanding of your role in the divorce proceeding can reduce stress and confusion.
If you’re unsure where you stand or need assistance navigating the process, reach out to Affordable Family Law. We’ll help you understand your legal rights and obligations and guide you through each step.