During the divorce process, there are several important factors that will impact your life in the long run. One of these important factors is alimony. Alimony is a type of financial support that is given to one spouse by the other spouse after a divorce is finalized. A judge will evaluate both parties’ financial situation and determine whether or not one of the spouses should receive alimony. Let us walk you through several of the factors that will help a judge decide whether alimony should be paid or not, and explain how the alimony process will work.
During a divorce, a judge will consider the length of the marriage. The longer the duration of the marriage is, the more likely a spouse will be awarded to one spouse. The judge will consider your financial status during your marriage, and evaluate whether you are should receive support to help maintain the lifestyle you were accustomed to during your marriage. Another factor is whether there is a large disparity between you and your spouse’s income. If there is, then the spouse earning less money might be eligible to receive financial compensation. A judge will also consider any special circumstances in which alimony could be needed, such as health issues requiring financial support, or a spouse that needs help finding a job or re-entering the workforce. During the divorce process, a judge might also issue a temporary alimony order. These temporary alimony orders generally end once the divorce process has ended, and are often granted to help support the spouse during the divorce proceedings.
Once granted, alimony can be distributed in either a one-time payment or scheduled monthly payments. The judge will discern which distribution method is fair and just for both parties involved, but monthly payments are generally more common than a one-time payment. It is important to note that it is possible over time to modify or eliminate the alimony payments. If a spouse finds themselves unable to pay their alimony, they can ask for a judge to modify their alimony requirements. A judge can choose to reduce the amount of alimony or cancel the alimony requirement altogether. However, if a judge does reduce or eliminate your alimony payments, note that this does not include any previous month’s alimony. Another way in which alimony payments may be stopped is if the spouse who is receiving alimony remarries. In most cases, a judge will determine that the spouse who is remarrying is no longer eligible to receive alimony.
If you are starting or in the process of getting a divorce, you need an attorney to defend your legal rights and watch out for your best interests. At JK Nelson Law we treat each of our clients like family, and provide them will all of our legal expertise and knowledge to ensure that they receive the best possible results. Call us to schedule your free consultation or to get started on your divorce.