If you’ve recently filed a divorce case, you may have some questions over a number of legal issues. Divorce settlements can be tricky, and some laws vary by state. One question that many soon-to-be divorced individuals ask: Am I entitled to alimony?
The idea behind alimony, or spousal support, is that one spouse may be at a strong financial disadvantage after the divorce and may need assistance to maintain their quality of life.
While many believe that alimony favors women in the United States, hundreds of thousands of men are eligible as well. Today, nearly 40% of households are headed by women. In the case of divorce, husbands may be able to receive spousal support from their breadwinning ex-wives.
But alimony isn’t granted to everyone, only those who meet specific qualifications. That’s why many men and women choose to hire alimony lawyers to help them reach a fair settlement.
The following factors are taken into account when determining eligibility for spousal support:
- How long the marriage lasted
- Income of each spouse
- The health of each spouse
- Spousal behaviors (affairs may have financial repercussions in some states)
- Is one spouse a stay-at-home parent?
- How were finances and assets handled prior to the divorce?
- Is each spouse able to support themselves?
- Who has child custody?
- Was either spouse irresponsible with assets?
Does spousal support end?
The idea behind spousal support is that the receiving person is eventually able to support themselves without assistance, but sometimes this isn’t always the case. While many people go on to finish their education and get promoted, go back to work, rearrange their schedules, or remarry in order to meet their financial needs, some people aren’t so lucky.
Those who have been out of work for many years may be unable to adjust to the working world. Even if they are, their job skills may be limited.
Disability is also a problem when it comes to spousal support. If a person is unable to work or support themselves or children with limited income, then spousal support may be extended indefinitely.
How is spousal support paid?
During a hearing, a judge with reward spousal support to either party and determine whether it will be in lump sum or in scheduled payments. This will continue until either party dies, cohabitates, remarries, or is able to support themselves.
Temporary alimony may be granted as well. This is usually the case when a couple is separated and awaiting a divorce hearing. In fact, the person making payments may also be responsible for covering their partner’s divorce attorney fees for a time.
If you’re wondering whether or not you are entitled to spousal support, contact an alimony lawyer who can represent you.