Posts made in September, 2018

How to Know If You’re Going to Be Paying Alimony

Posted by on Sep 10, 2018 in Family | 0 comments

If there’s one thing that can otherwise spoil the relief you feel as you’re about to get divorced, it’s alimony. Alimony, or spousal support, is a topic that is loved or hated virulently depending on which side of the exchange you’re on. Those who pay it claim it shouldn’t exist, and those who receive it say they couldn’t live without it.

This article isn’t here to debate the merits of alimony. The fact is, it’s out there, and there’s a chance your divorce will require you to pay it. Or, alternatively, there’s a chance you may get the help you need to restart your life.

One way or the other, it’s better to know if that’s coming now, so you can plan accordingly and be prepared. So, how do you know if you’re going to be paying or receiving alimony? Well, consider how a judge determines alimony and see how your case stacks up.

The judge on your divorce case will look at a number of factors before making a decision. Those will include the financial situation for both individuals, the length of the marriage, the level of education for both individuals, the standard of living both individuals are accustomed to, the age of the individuals in the marriage, and the ability of either individual to pay alimony. Fault is also considered in many states.

How this comes together really depends on the specifics of the case. If both of you work, for instance, and make similar levels of income, spousal support seems unlikely. If neither of you make enough to afford alimony while also maintaining your standard of living, that also makes it unlikely.

However, in a case of serious imbalance, in which a couple married for a significant amount of time has one spouse that has made and continues to make a significant amount while the other hasn’t worked or has not developed a career or the skills to make that kind of income once the divorce is completed, alimony is fairly likely.

Once again, exactly how much and for how long will depend on the case. Alimony can last for a relatively short amount of time, or it can be indefinite. To a certain extent, if the required factors are in place, this will all depend on how the case is argued before the judge, and whose argument the judge ends up siding with.

If this seems unfair, your best option is to argue against it forcefully and with a thorough use of the law before a decision is made. To do that, you’ll most likely need a spousal support attorney if you want to have any kind of success. Whether you are looking to receive more alimony or you’re trying to reduce your alimony commitments, a spousal support lawyer is probably the only way you will be able to achieve that.

So, if your case looks like one where alimony is likely, your decision now is whether you want to try to agree to something fair before the divorce gets underway, or whether you want to start looking for a spousal support lawyer now.

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