Alimony is a monthly payment that one spouse is suppose to make to another in line with a court decision or settlement agreement. Alimony is meant to correct the unfair financial effects arising from a divorce. You can only receive alimony if you are unable to fulfill your basic needs without the assistance of your former partner. In such a scenario, your former partner must be earning more than you. Here is a look at the frequently asked questions regarding alimony.
How Do Courts Award Alimony?
There are several factors that must be considered before the court decides to award you alimony. Some of the factors include:
•The duration of the marriage
•Your financial needs
•The ability of your spouse to pay for your financial needs
•The age, health, level of education, and job experience of both partners
Types of Alimony
There are two types of alimony– temporary alimony and permanent alimony.
Temporary alimony is paid:
•From the date the divorce petition is filed until the final judgment is given
•Until one spouse is fully reimbursed for the expenses they incurred on behalf of the other e.g. a work related program that caused that spouse to earn more money or tuition for college
•Until the recipient is able to support themselves
Temporary alimony is also known as reimbursement or rehabilitative alimony.
Permanent alimony is ordered to be paid for an unspecified time after a final ruling of divorce has been given.
How Long Does Alimony Last?
If you are awarded alimony, the law generally requires that you become self-sufficient after a given period of time. However, if you were a stay-at-home spouse for the entire duration of a long marriage, the court may award you permanent alimony.
The duration of alimony may also be based on the terms of a settlement agreement or a divorce decree, or upon the fulfillment of the following events:
•Until you remarry
•After you start living with an intimate partner
•After your former partner dies
Why Should You Hire an Suffolk County Alimony Attorney?
It is often not easy to get a court to grant you alimony. Most divorce cases end without any alimony being given to the dependant spouse. In order to receive alimony, you need to present compelling reasons to the court. With the help of a Suffolk County alimony attorney, you will be able to gather all the relevant evidence, use relevant case law, and other legal mechanisms to convince the judge to grant you alimony.
The other duty of your lawyer with regards to alimony is to ensure you get the right type. If you had been entirely dependent on your partner throughout your marriage, temporary alimony will only help you for a short duration; therefore, permanent alimony is what you need. In this regard, your lawyer will make sure you get the right type of alimony based on your financial situation.
Last but not least, in case your spouse fails to pay alimony, you may be left wondering about the best course of action. With the help of your lawyer, you will be able to compel them to pay any alimony arrears or even to face punishment for contempt of a court order.