Alimony or Spousal Support refers to financial support for either spouse. It is designed to support or maintain finances of receiving spouse during or after the divorce process, based on specific statutory factors taking into account circumstances such as; the length of the marriage, the physical and emotional condition of the spouses, need and ability to pay, ability to be self-supporting, the presence of domestic violence in the relationship, and other factors.
Spousal alimony or support is paid by one spouse to another, often to make up for the reduced financial resources of the receiving spouse, or to reimburse the spouse's contribution to the home. Alimony is not awarded as often as it was for previous generations because there are more marriages where both spouses work and are capable of supporting themselves. But it is court’s discretion to award alimony to one of the spouses.
Types of Alimony or Spousal Support:
There are four major types of spousal alimony or support:
The awarded amount of spousal alimony or support depends on the law of the state in which you are living, spousal’s ability to pay the spousal support or the needs of each spouse. The length of payments and termination of support will be determined in your divorce agreement, but alimony will generally end upon remarriage or cohabitation of the receiving spouse.
Determining Eligibility for Alimony:
Spousal Alimony or support laws vary from state to state, as each state has different alimony laws, so it is important to contact a family law attorney to understand your state laws. Generally, spousal alimony is determined by looking at the financial assets and income of the couple that are accumulated by the couple after marriage. Some states also consider bad behavior during the marriage in determining alimony. Whether a spouse stayed home with children or as a supportive spouse is another important factor. How the couple financially supported each other and divided assets during the marriage is also considered.
Unlike child support, which in most states is mandated according to very specific financial guidelines, courts have authority in determining the alimony amount and the period of time for which it is awarded. Spousal Alimony Laws of all the 50 states are based on the Uniform Marriage and Divorce Act, which recommends keeping in view the following factors while deciding for the alimony awards:
The age, physical, emotional and financial state of the former spouses.
Time that is needed for education or training of alimony receiver to become self sufficient.
Standard of living during the marriage.
The time span for which marriage remains intact.
The ability of spousal award payer to simultaneously support the recipient as well as him/her self.
Alimony Trends:
In the past, alimony awards were mostly paid by the former husbands to their former wives. The culture has changed and women are working and earning now. Today women are viewed as less dependent, and men are more likely to be primary parents, the courts and spousal support awards have kept pace to this scenario as well. Now unlike the past, courts frequently order former wives to pay alimony to former husbands.
Selecting an Experienced Attorney:
If you are facing a potential spousal alimony or support issue due to divorce, an experienced Family Law Attorney at Lawyer’s Area can help you by fairly and enthusiastically representing you.
The Family Law Attorneys at Lawyer’s Area are experienced in Alimony Laws and they can guide you in accordance to your state’s alimony laws. And they will work to obtain the best possible result in your Spousal Alimony or Support Case.
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