Marriages are not always perfect; some marriages are sad and miserable. That is why we have a divorce system, that lets you and your partner be free from the misery. As soon as the couple gets their divorce, a formality procedure starts. It includes equitable property division that distributes marital properties between the two parties and child custody right. This provides custodial right and maintenance to one parent.
Spousal support or alimony is the most important provision of the post divorce maintenance. Alimony is a decree awarded by the court as a financial support to one of the former-spouse, which is rewarded from the other former-spouse. The purpose of an alimony is to provide a continuing income to the non-earning or lower-wage-earning spouse from the higher earning spouse to maintain a dignified living after the divorce.
How Is the Alimony Is Determined?
Alimony amount is determined with the accordance of the Uniform Marriage and Divorce Act and other state’s statutes. Unlike Child Support maintenance, the courts are pretty clear about the Spousal Support and the conditions. Alimony is based on many factors, and the following facts are the commons:
- Age, physical/emotional and financial condition of the former spouse.
- The time required to the recipient to become self-sufficient.
- The length and status of living during the marriage.
- The ability of the payer to pay to the former spouse and still support self.
What Does the Alimony Attorney Do?
Alimony attorney takes care of everything which is related to the spousal support. That includes all the formalities before and during the procedure, assisting with a lawsuit when aformer-spouse refuses to pay the negotiated amount.
Primarily, an alimony attorney represents your cause before the court when you are negotiating your fresh alimony amount or when you want to amend the alimony amount.
When Do You Need an Alimony Attorney?
If you are going through a divorce procedure and you realize that your divorce lawyer is not specialized in spousal support, it is the time you need an alimony attorney. Not having a specialized attorney by your side can cost you severely. Your counterpart’s attorney will try hard to erase as many zeros from the alimony amount as possible.
Negotiating with the specialized attorney can be difficult. And because they are regular with the arguments, there’s always a risk of losing the claim. Therefore, hiring a specialist spousal support lawyer is recommended at negotiating rounds.
Can Husband Claim for Alimony?
Spousal support law is not designed for a specific gender. So, it does not matter whether the husband is paying to wife or vice versa. In the US specifically, the higher-earning spouse has to bear the burden of paying the spousal support – conditions applied.
When Does Spousal Support End?
Spousal support ends when the recipient spouse does not require alimony support, this happens when he/she starts a decent earning. Other than that, alimony will stop when the former spouse remarries, dies or the payer has become incapable. Some uncommon reasons are:
- Alimony misconduct.
- Marital misconduct.
- Legal misconduct.
If it is proved that the recipient has been spending money immorally and unfairly, or if there has been marital misconduct like adultery, infidelity, disloyalty or the recipient has been found in illicit activities, the alimony can be ended.
