The dissolution of a marriage is not only emotionally upsetting, it is also financially complicated. When a couple gets married, the implication is that the two people involved share everything, and everything is jointly owned. If they decide to get divorce, an equitable separation of their money and assets can lead to extended arguments that often get out of hand. An experienced divorce attorney can make this process easier for you by drafting an alimony agreement that both parties can live with.
Alimony, also known as spousal support, is the amount of financial support that a spouse gives to a wife or husband, and is mandated by the divorce court. Permanent alimony is not automatic, and the spouse who may not have a means of livelihood may request for temporary alimony during the divorce. This temporary support is based on the living standards of the couple prior to filing for divorce. This tends to be higher than permanent alimony, when it is given, but it cannot be more than 33% of the paying spouse’s income.
The role of a divorce attorney is to determine if there is any direct fault that led to divorce. Having fault in a marriage can be defined as many different things, such as abuse, infidelity, or abandonment. If fault can be proven on the part of the spouse requesting alimony, then alimony may be denied.
If alimony is justified, the amount will be mandated by the judge based on the ability of the spouse requesting for alimony to be self-supporting, how long the marriage had lasted, the number of dependent children, overall health, and age. Alimony payments ceases a soon as the receiving spouse remarries, moves in with a partner, or a paying or receiving ex-spouse passes away.