Important Facts About Alimony
A divorce forever changes the financial dynamic of a family. However, for certain spouses, the stakes are even higher. If your spouse has plans to request alimony from you as a term of your divorce, it's essential you know all the details. Here is some important information to keep in mind.
Financial Means
Just because your ex is requesting alimony payments does not mean that he or she will be awarded the payment. One of the greatest factors a judge considers before rendering their decision is the financial means of both parties.
If it will put the payer of the obligation in jeopardy of financial ruin, most often, the judge will toss out the request. On the other hand, if the person requesting the payment earns more than their ex or is in a position to earn potentially more than they do, their request might also be denied.
Conditions of Marriage
Alimony is not a right during a divorce. Instead, it's only enforced when a judge determines it's necessary. It's most often awarded when one spouse has either supported the other spouse financially or by other measures to help them succeed in their career endeavors, based on the terms of any prenuptial agreements, instances where the actions of one party were incredibly harsh, or any other scenario where a judge sees fit.
The length of the marriage is also important, as the shorter the marriage the less likely for the payments to be awarded.
Short Term vs. Long Term
Even if you believe your ex will be successful in their request for alimony, it does not mean that you will be making these payments forever. Alimony is typically structured as either short-term or long-term payments. Short-term payments have a definite end date and are only meant to help the receiving party temporarily. For instance, a spouse might be awarded alimony while they continue their education, and upon graduation, the payments will stop.
In some judgments, the judge might determine that payments must continue indefinitely. In some rare cases, the order might rule that the payments can be revisited. For example, you might be required to pay alimony for five years, and at the end of this period have the case reviewed for possible changes.
A divorce lawyer will work with you to discuss every concern you have about the alimony process, as well as fight on your behalf to ensure this payment is only awarded if it is justified, and fair for both parties involved.
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