All divorces are different. Some involve complicated property division negotiations, while others include child custody battles. If you are beginning the divorce process, it is important that you understand all the aspects that may affect you and your family. Understanding the key factors of divorce allows you to make empowered decisions about your future.
Alimony, or spousal support, is a key aspect of many divorces. Although it is not involved in every divorce, it can be extremely important for some divorcing spouses.
Alimony is an agreement in which one divorced spouse pays the other divorced spouse a monthly amount to help them pay their bills and live comfortably. This is often necessary in situations where one spouse made the money outside the home while the other remained home to care for children. Since the stay-at-home spouse was counting on their spouse’s income for the future, they deserve monthly payments to help them adjust. In some situations, they may not have the resume or experience to get a job of their own. This is especially true if the spouse is older or if the marriage has lasted for a long time.
Spousal support can be necessary even in situations where both spouses work. If one spouse earns vastly more than the other, the low-earning spouse may be entitled to alimony to supplement their income. Alimony programs are meant to allow both spouses to survive outside of the marriage, despite the financial changes.
Alimony payments do not usually last forever. There are several reasons that these payments could lapse or expire.
In many marriages, there is a set date for alimony payments to end. If you were married for less than 10 years, the alimony payments will usually last for half the length of your marriage. For example, if you were married for 6 years, you can expect that your alimony payments will last for about 3 years after you divorce. In short marriages, alimony may not be granted at all.
If you have been married for 10 years or more, the payments may be indefinite or have no set end date. In long marriages, both spouses become accustomed to the financial situation. After such a long time, it may be fair to continue that payment process indefinitely.
There are certain circumstances that can end alimony payments before their preset expiration date. These situations include:
There may be other ways to prematurely end your alimony payments. If you wish to stop paying alimony, it is important to find an attorney to help you navigate the process of ending the payments. If you do not stop them through the court, you could be fined for failing to pay.
If you are concerned about alimony payments, you can sometimes plan ahead to avoid them. Usually, you can do this by signing a prenuptial or postnuptial agreement that outlines your plan for alimony if you divorce your spouse. Although not all prenuptial and postnuptial agreements hold up in court, they do give you a significantly better chance of avoiding alimony payments than if you are divorced without one.
A: If you wish to stop paying alimony, you must prove that one of the criteria has been met. These criteria include:
There may be other options available to you. You can always speak with an attorney to see if you have any alternatives if none of the above criteria apply to your situation.
A: The best way to prevent your spouse from being entitled to alimony is by signing a prenuptial or postnuptial agreement stating that you will not pay alimony if you get divorced. If this is not the case, you must go through the court system to determine alimony payments. Your best tactic in this scenario is to hire an experienced attorney who can prove why your spouse should not get alimony payments from you.
A: Many divorces do not include alimony or spousal support requirements. In situations where both spouses make similar incomes, for example, spousal support is not necessary. However, if the court has already stated that you must pay alimony, you must do so until it legally ends. If you simply stop making the payments, you can face legal trouble. Alimony is paid through the court system, so the law will know if you fail to pay.
A: In general, marriages that last 10 years or fewer are not guaranteed alimony payments. Usually, if a marriage shorter than 10 years does warrant alimony, the payments end on a specific date. The standard is half the length of your marriage. For example, an 8-year marriage would warrant 4 years of alimony. Short marriages lasting only a year or two likely will not warrant alimony, but it depends on the situation.
When you face negotiations like spousal support, child support, child custody, and asset division, you need an experienced attorney to represent you. These situations are complicated, and it is extremely difficult for you to make your voice heard without a legal representative. Your spouse’s attorney can easily take advantage of you, leaving you with less than you deserve for your new life. To set yourself and your family up for success, you should have an attorney handle any family law claim that you may face.
Our firm is the best in the area for family law and alimony negotiations. For more information, contact Quinn & Dworakowski, LLP, online.
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