Any person going through divorce proceedings can be awarded alimony payments that are to be paid by his or her former spouse. Sometimes this is decided by a court, and other times the divorcing couple decides on this on their own. Alimony is intended to help the spouse that has the lesser income to stay at the same level of livelihood as they experienced as part of the marriage. An alimony attorney is familiar with the laws that apply to this specific practice area and help you determine if this is a feasible option during your divorce. If you are in a situation where you cannot take care of yourself after a divorce, it can be a good idea to consult with an alimony attorney to see if this is an option for you.
Alimony is not mandatory by law, so the courts have a large amount of discretion when deciding alimony awards. Several states base their alimony rulings on the Uniform Marriage and Divorce Act. This statute suggests that courts base decisions about alimony on certain factors, such as age, health, and financial situation. The standard of living during the marriage and the amount of time the couple were married are also standard factors.
These factors will be different for each couple, so it is difficult to estimate what any individual’s support payments may be. These payments are not enforced in the same way as child support. This makes it quite easy for the paying spouse to avoid a few payments without getting in trouble. In some states, however, an individual can go to the courts and receive a judgment against the party that is not paying and that party will be held in contempt of a ruling.
When alimony is awarded, it is normally viewed as a temporary measure. The length of time that an individual can receive payments will vary but is based upon the length of time that it will take them to rectify their current situation. Sometimes the decree of divorce will not specify an ending date for the payments. In these cases, the payer must continue to pay until the court advises otherwise. Termination of payments can happen on various occasions, such as upon the death of the payer or if the spousal payee gets remarried. If the payer dies, sometimes the payments will continue to be paid out of a life insurance policy.
The number of women paying alimony is increasing due to the number of working women and stay at home dads. A good alimony attorney can help either spouse to obtain alimony payments. Depending on the situation, the courts will decide what is appropriate for the spouses involved.
Alimony payments can be extremely helpful to spouses that have no income or very little. These payments can help through financially hard times. Alimony attorneys are specialists in helping the financially disabled spouse to get back on his or her feet again. A good alimony attorney can help you determine if alimony is a feasible option for you after your divorce.