Alimony, or spousal support as it is commonly known as, is the payment of funds from one spouse to another when there is a dissolution of marriage. During the divorce filing and the process itself, a judge will decide on alimony payments and have both parties sign off on all details regarding the alimony. Typically, the payment is made by the spouse who is in a better financial position or is more able to support the other spouse for a period of time determined by the family law judge.
Payment of alimony depends on a number of circumstances. Many states vary on how alimony is calculated. However, there are some factors that all judges take into consideration to determine alimony payments. Common factors include the length of the marriage, the incomes and ages of each spouse, the standard of living during the marriage, and the assets available to each party after the divorce has become final. Here are some steps in order to gauge how alimony will be settled upon in the eyes of the family law courts.
Define the Length of your Marriage
Marriage is officially measured from the date that two spouses were married to the date that the initial petition to dissolve the marriage was filed. If the marriage is less than 10 years, the likelihood of paying or receiving alimony is less than if it was more than 10 years. The judge is likely to determine the obligation of alimony payments necessary if the marriage lasted longer than 10 years.
Analyze Income(s)
A judge will base part the decision on the incomes of each party in question.If there’s a substantial difference in income, plus a marriage that’s over 10 years in duration, the judge will order alimony.
Look at the Ages of Both Spouses
The judge will make an alimony award partially based on the ages of each spouse, and the ability to find work or train for a new job. This usually works in favor of housewives for the majority of alimony cases being awarded. A judge will be less likely to award alimony for a long period of time if the person getting spousal support payments can easily earn money and be self supporting.
Delve into the Marital Standard of Living
The marital standard of living is defined as the financial status of both parties, as a married couple, at the time of the separation. Judges will try to keep both spouses in the same economic position, separately, as they were when they were married.
Determine the Value of all Assets
The financial status of each spouse will definitely be in question during the alimony inquiry, most notably after the dissolution is final. If the judge believes that both spouses can be self supporting without alimony, spousal support payments won’t be ordered.
Knowing these five simple pieces of inside information will help you in the process of understanding and filing for alimony. Have all things in order when the time comes, as the process is thorough. Both parties will have their assets and incomes run through with a fine tooth comb. The process is carried out in order to have both parties live sufficient lives, just as they did prior to dissolution. Fairness is at the center of the alimony case, so expect the outcome to be as such.
I would like to know, what I can do. About getting alimony from my ex. We were together for about23years. And we bought a house together. Then he cheated and started torturing me,until I left the house. He was supposed to pay me every month. For 2 years and He is not doing it. So what can I do about it.
Thank-you.
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Unfortunately, we cannot offer legal advice 🙁 The best we can do is write informational blogs about various topics. So I’ll see what information about unpaid alimony I can dig up.