If you are considering divorce, you should talk to a family law attorney as soon as possible. A knowledgeable lawyer can explain your rights, options, and consequences.
The first consultation is an opportunity to evaluate a potential family lawyer’s expertise, dedication, and communication style. Ask the right questions to get the insights you need.
How Alimony is Determined
When people hear the word “alimony,” they often think of men paying money to their ex-wives. However, today, a much more diverse range of factors can lead to spousal support being awarded.
Judges usually decide alimony after reviewing the facts surrounding your case. They consider many things, including your spouse’s ability to pay, their financial status, the lifestyle enjoyed during the marriage, and the time spent caring for children.
Some states use detailed guidelines and calculators to help determine the correct alimony payments. In most other cases, judges use discretion when determining alimony amounts and duration. A judge can also change an order for alimony based on specific changes in either party’s financial or medical circumstances. In rare instances where it is anticipated that a spouse will never be able to support themselves, they may also grant “permanent” alimony. However, a prenuptial or postnuptial agreement may not give this alimony. For additional information on the calculation of alimony, go to https://lebovitzfamilylaw.com/.
Factors That Affect Alimony Payments
Alimony (or spousal support) is a predetermined sum that one former spouse pays to the other after a divorce or legal separation. It is designed to assist the dependent spouse in maintaining their previous living standards until they can independently support themselves.
When deciding to award alimony and how much, judges consider various factors. Factors such as the duration of the marriage, the financial situations and needs of both spouses, age, health condition, and earning capacity of the individuals are taken into account.
Unlike child support, which might have periodic cost-of-living increases, alimony payments stay the same yearly. However, suppose the supporting or the dependent spouse experiences an unexpected change in their circumstances, such as a significant decrease in income. In that case, they may be able to request a modification in alimony payments. It could be due to a disability or illness that affects their ability to work or if the dependent spouse starts cohabitating with another person.
Termination of Alimony Payments
Many states distinguish between several different types of alimony. Most commonly, they include durational alimony, which is based on a set period, and rehabilitative alimony, which pays for the recipient spouse to receive training or education to become self-supporting. A few states also permit permanent alimony intended for supporting an ex-spouse until death or remarriage.
Unless expressly stipulated in the divorce ruling, most spousal support awards will terminate at the spouse’s death or when the recipient spouse remarries. However, some judges may decide to extend rehabilitative alimony for an appropriate amount of time if they feel the supported spouse is not making a reasonable effort toward becoming self-supporting.
If you believe it is in your best interest to end spousal support, then filing a motion with the court may be necessary. It would help if you discussed this matter with your family law attorney before proceeding. Once both parties agree, the lawyer can draft a stipulation they must sign to make the change official.
Alimony Payments in Pre-Nuptial Agreements
While many states do not use a formula to calculate alimony, most judges consider an extensive range of factors. With the help of an experienced family law attorney, you can gather the necessary evidence and arguments to support your case for an alimony award.
Alimony payments can be made in lump sums, recurring payments over a predetermined period, or monthly. They can also be caused temporarily or permanently. Rehabilitative alimony is a short-term type of spousal support that aims to provide funds to allow the spouse to increase their employment opportunities by obtaining education or training. This alimony usually ends after a specified time or when the payee becomes self-supporting.
Permanent alimony typically terminates when the recipient cohabitates with a new partner, remarries, or receives significant income from a third party, such as an inheritance or lottery winnings. It may also terminate if the payer suffers from a substantial change in financial status or if the payee can demonstrate that the continued payment is unfair or unjust.