Division of property and alimony is just one difficult task of the divorce process. Divorcing couples must also divide their finances. Alimony or maintenance is monthly financial support provided by one spouse to another following a divorce. It is designed to address an unfair economic impact of divorce on one ex-spouse. Alimony is ordered by a court so retaining a lawyer for marital property is recommended to ensure the best outcome.
Win Your Alimony Case!
Alimony is not a one-size-fits-all arrangement and courts have a large amount of discretion in determining whether to award it at all. Many states designed their spousal support statutes around the Uniform Marriage and Divorce Act. This legislation makes recommendations for consideration by courts during alimony award decisions. One of these recommendations is based on the ability of the paying spouse to support both him or herself and the receiving spouse.
If a paying spouse can make a case that a particular level of alimony is unaffordable, the court may reduce the amount. A paying spouse could also make an argument that the receiving spouse is more highly skilled than was revealed. If it takes a shorter time for the receiving spouse to become self-sufficient, the alimony period may be decreased. Alimony is typically ordered only for as long as the recipient receives training or education to become self-supporting.
It can be difficult to determine alimony awards because factors like standard of living during the marriage are typically taken into account. To make the award most realistic, this aspect should be based on facts supported by financial documents, not subjective statements provided by a former spouse. Having representation from a lawyer for marital property ensures that an ex does not receive more alimony than entitled to based on the prior standard of living.
In the past, ex wives were usually the recipients of alimony. These days, most married couples have two wage earners and more men are taking on primary parenting roles. This has changed the landscape of spousal support. Women may now be fighting alimony requirements and lawyers are just as skilled at representing female clients.
Alimony may be mirroring societal trends, but it is not likely to go away. Therefore, a spouse who believes that he or she is paying this support unjustly should have an attorney review the case. If there are grounds for disputing the alimony award, the lawyer for marital property will prepare an argument and present it to the court for a revised decision. Only an expert attorney can give you the advice you need on how to fight alimony!