Five Facts You Should Know About Alimony In The Divorce Process
If you are in the process of getting a divorce, it is important that you understand all the technical terms that are associated with your divorce. When you go through a divorce, you may seek alimony, or you may be asked to pay alimony. Alimony, also known as spousal support or maintenance, are payments that are made from one spouse to another in order to provide them with income to meet their financial needs.
Fact #1: Alimony Is Not Gender-Based
Many people wrongly assume the male spouse will have to pay the female spouse alimony. However, this is not true. Both male and female spouses may be subject to being the one who is paying alimony to their spouse. The determination of spousal support is not based on gender.
Fact #2: Children Are Not Necessary for Alimony
Many people wrongly assume that you need to have children in order to receive alimony following a marriage. However, that is not true.
Additionally, if you have children, you may receive both child support, which are payments that help you take care of your child, and alimony, you may just receive alimony or just child support, or you may get neither, depending upon the financial situation and arrangements between you and your former spouse.
Fact #3: No Intrinsically Right to Alimony
Third, many people wrongly believe that when you get divorced, you have an intrinsic right to alimony. However, that is not the case.
The court is going to have to review the financial position of both parties and take into account the length and circumstances of your marriage in order to determine if alimony is applicable. There are also laws surrounding spousal support, which vary greatly from one state to the next.
The court will then determine the amount of support that will be given to the spouse who has a financial need for that support.
Fact #4: The Judge Plays a Large Role in Awarding Alimony
Fourth, it is important to understand that unless you come to the judge with a proposal for spousal support already in place, it is largely up the judge to determine if spousal support is necessary and, if so, how much support you need.
That is why it is important to work with an attorney to clearly present each party's income, lifestyle needs, and marriage situation so that the judge can make the fairest ruling possible.
Fact #5: Length of Time for Which Alimony Is Awarded Can Vary
Finally, the length of time that alimony is awarded can vary. To start with, the judge may order temporary support payments while going through the divorce process.
Then, the judge will determine if support payments should be paid after the divorce is final. The judge may determine that one party will get support payments for a set period of time, until a change in certain circumstances, or indefinitely.
If you have any more questions about how spousal support works in your state, discuss your concerns with your divorce attorney. Your divorce attorney can explain exactly how spousal support works and make sure you understand how the process will potentially impact you.
To learn more, contact a divorce lawyer.
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