Divorce alone is a difficult process to go through. Even after the divorce, you still have to deal with the consequences of the divorce. Now you have to pay for your ex-spouse alimony. This subject may be confusing to understand if you don’t have any prior knowledge on it. It’s essential to know the qualifications for alimony. You should also know the different categories and well as when you can stop making alimony payments.
It’s important to know that alimony is awarded typically in longer marriages where one spouse has been put at a significant financial disadvantage due to the divorce. Qualification for receiving alimony is not random. The court looks at the potential recipient’s income potential or their ability to make an income. For example, the potential recipient may not have a significant educational background which decreases their income potential. As mentioned previously, the court also looks at how long the marriage lasted. The longer the marriage, the stronger the case for alimony will be since the potential recipient has been accustomed to that lifestyle for a number of years now. The court also looks at if the potential recipient would be able to have gainful employment. Gainful employment simply means consistent work is given and payment is received from the employer. The court also takes into account if the potential recipient has custody of minors that they will have to support. They also look at if the payor has custody of minors that they will have to support. They also look at their ability to provide support. For example, if the payor had recently lost their job, then the court would take that into consideration.
There are several different categories of alimony. Temporary alimony is the first alimony that is determined in the beginning and used before a permanent alimony agreement is made. Permanent alimony is the most common and what you’d most likely think of when thinking about alimony. It is used for longer marriages and is monthly payments of spousal support. Lump-sum alimony is another form of alimony. This form of alimony is paid out all at once instead of monthly payments. Rehabilitative alimony is another form of alimony. It is given for a short amount of time in order for the recipient to establish themselves and become self-supporting.
If there is not a set end date for making alimony payments, it’s essential to know in which situations you can stop paying alimony. Make sure the court approves this before stopping on your own. If either you or your former spouse dies, then, of course, alimony payments are no longer made. One situation in which you can stop making payments is if your former spouse remarries. The court sees this as the new spouse is now responsible for the recipient. When the children of the household are older and no longer require a parent at home, alimony payments can stop being made. The court may determine that the recipient is not making enough effort to become self-supporting. If this is discovered, then alimony payments can be terminated. If the alimony payor has gotten a significant drop in their income, then alimony payments may be terminated.
Divorce is more than just emotions. The financial side can also have a tremendous impact on you. Sometimes the court makes a decision that you know is completely unfair. You need someone who will actually listen to your needs and concerns. You need someone who has experience. Emy A. Cordano has over 20 years of experience in divorce law including alimony. Make an appointment for a legal consultation through this contact form or call for a case review at 801-804-5152.