How To Get Alimony In A Divorce

In many divorce proceedings, the courts grant alimony to one spouse. Alimony is also called spousal support or maintenance. Generally alimony will be granted in case of a long marriage or when one spouse gave up career plans to support the other spouse or care for kids. Alimony is designed to help a lower-earning spouse make it through the divorce and the transition into a new single life. Based on the duration of the marriage and the extent to which one spouse was financially dependent on the other, alimony obligations can last for many years. However, the nationwide trend is for courts to award spousal support in fewer and fewer situations, and for shorter times when they do award it, because its so common for both spouses to work or at least be able to return to work. Whether one spouse is entitled to support from the other after the divorce starts with the question of need. Theres no hard and fast rule, but in general the longer the marriage, the stronger the presumption that support is appropriate. The court will consider many factors while determining alimony including the length of the marriage, the division of marital property, the income and earning capacity of the spouses, the amount of time one spouse has not worked since the marriage and any other factor that the court may consider as relevant. Fault is a factor in some states. In such states, when if the higher earning spouse committed adultery or is other at fault for the divorce, the alimony payments will generally be increased. Similarly the alimony payments will be reduced when the receiving spouse is at fault. If you are seeking alimony payments from your spouse, consult with an experienced family lawyer.

Alimony is of two types: short-term support and long-term or permanent support. Reimbursement support is a kind of long-term support. You can also get temporary support before the divorce is final. In some cases, you may receive more than one kind of support at the same time. If a spouse is getting more than one kind of support, say rehabilitative and short-term, then when the spouse is employed again, the rehabilitative support would end. The short-term support would continue until its termination date. Short-term support is generally granted when the marriage itself was quite short. Short-term support lasts only a few years, and its precise ending date is set in the court order. Rehabilitative support, sometimes also called bridge the gap support, is a specific kind of short-term support, designed to help a dependent spouse get retrained and back into the workforce. It terminates when the recipient is back to work. Permanent support may be granted after long marriages generally, more than ten years, if the judge concludes that the dependent spouse most likely wont go back into the workforce and will need support indefinitely. Some state laws do not permit permanent support. Permanent support ceases when either the recipient or the payor dies. A family law firm can ensure that you get the alimony you rightfully deserve.