When you are going through a divorce with your spouse, one of the top things on your mind may be how you can afford to take care of yourself and your children when you are on your own. In addition to all the stressors that come with divorce, you should not have to worry about whether or not you will get alimony and how to best argue this to a judge. Especially if you and your spouse are not agreeing on the terms of the divorce or the alimony payment, it can be incredibly helpful to have an attorney on your side to guide the proceedings and develop an argument for why you are in need of alimony, as a family lawyer, such as from Daniel J. Wright, can explain. For more information on how a lawyer can help you with your alimony request, please reach out to a law office today. For more general information on what alimony is, please read the list of frequently asked questions that we have compiled below.
Frequently Asked Questions
Who determines if I am eligible for alimony?
When it comes to determining eligibility for alimony, this is something that is determined by your state’s spousal support laws and by the judge you see in your divorce proceedings. The basic idea behind alimony is that one spouse must show they are unable to support themselves (or themselves and their children) financially and the other spouse has the ability to pay that support. When a court determines eligibility, they will look to see if the spouse seeking support:
- Is not able to support themselves by finding employment.
- Is the parent the judge awards physical custody of the child to and is unable to seek employment outside the house.
- Lacks the property necessary to provide for their or their children’s needs.
Is there a certain amount of alimony I can expect?
Unlike child support, there are much less strict state guidelines when it comes to determining how much alimony a spouse can get. A court will look into various factors when it comes to determining the alimony (spousal support) that one spouse gives to another after a divorce, including:
- The couple’s standard of living while they were married.
- How long they were married.
- If the paying spouse can properly support themselves as well as their ex-spouse.
- How long the spouse seeking support may need to find and train for a job.
A court has awarded me alimony but my ex-spouse is not paying it. What can be done?
If your ex-spouse is refusing to pay alimony, a court can enforce certain punishments to ensure that they pay, including jail time.
Can alimony go on continually?
The purpose of alimony is typically to help the supported spouse get back on their feet after a divorce until they are able to improve their financial situation on their own. Alimony typically ends after the supported spouse gets married.
If you have any more questions about alimony or would like to see how an attorney can help you receive alimony while you are working through your divorce, please reach out to a law office today to set up a consultation.