Alimony, also known as spousal support, refers to payments provided to a former spouse to help them maintain their standard of life following a divorce.
The payments, which can be made regularly or in one single sum, are for the “dependent spouse.” The former spouse who pays alimony is referred to as the “supporting spouse.” Alimony payments can be either permanent or temporary, depending on your specific circumstances.
Permanent alimony is paid to the dependant spouse until death or remarriage.
Temporary alimony is paid for a limited time, typically during divorce proceedings.
You may be required to pay spousal support if your spouse relied on you during the marriage. While this is the case, it doesn’t mean that you should pay more than you should. This is where spousal support lawyers come in.
Is spousal support always awarded?
Alimony is not usually necessary in a divorce. It’s only ordered for specific reasons. The courts evaluate a range of circumstances when determining whether a dependent spouse should receive spousal support.
These factors also influence the amount of spousal assistance provided. These factors include both couples’ income, jobs, and the reasons for divorce. For example, in a fault divorce, if the dependent spouse engages in any unlawful sexual behavior, the supporting husband is not compelled to pay spousal support.
However, if the supporting or paying spouse has also engaged in unlawful sexual behavior, the court will grant alimony to the dependent spouse.
Can you get spousal support before you conclude the divorce process?
You can get temporary spousal support while the divorce, legal separation, or annulment is pending. Obtaining it can be a basic process of letting the judge know that you are going through a hard time.
These support payments will terminate after the divorce is finalized, and permanent spousal support will most likely begin. This is long-term spousal assistance, and the amount may differ from the temporary financial support.
Factors that determine spousal support
During divorce proceedings, the family law courts consider a number of variables to decide whether or not you or your spouse will receive alimony.
Many of the factors they assess are related to your ability to work and support yourself, such as your age, health, and level of education. Here’s more information about each issue and how it affects spousal support.
Supporting Spouse’s Ability to Pay
When assessing spousal support, the most important factor is a spouse’s ability to pay. They must earn enough to maintain two homes. The ability to pay is determined by net income. The judge might request your bank statement to determine that you can make the payments.
The Best Interests of Children
During a divorce, the court decides what is best for the children. If the custodial parent (the parent with primary custody) does not work, the court may mandate alimony to help support the spouse while caring for the children. You require the services of a custody lawyer to get this payment.
The Duration of A Marriage
The length of the marriage normally determines the period of support payments. The longer the marriage, the greater your chances of receiving spousal support.
The Ability to Earn
Divorce courts consider both spouses’ existing earning capabilities and future earnings potential. If one spouse anticipates to earn more money in the future, the amount and duration of alimony may vary.
The standard of living that the spouses maintained during their marriage
In addition to earning capacity, judges assess the lifestyle that spouses maintained throughout the marriage. The couple’s lifestyle prior to divorce is reviewed; they must maintain this level post-divorce as well.
Ability to support themselves
This aspect considers each spouse’s ability to work outside the home as well as their marketable skills. Temporary alimony is granted when a person can work but did not do so during their marriage.
Due to this, the parent who didn’t work is given the money as compensation for the time they didn’t work while taking care of the family.
Educational or Emotional Support
When determining alimony, a spouse’s support for their spouse throughout education or other challenges is taken into account. In this scenario, alimony is used to compensate for prior support during the marriage.
A typical rule regarding alimony is that the more a supportive spouse earns, the more likely they are to pay spousal support. The higher a dependent spouse’s earning potential, the less likely they are to receive alimony.
Is alimony enforced like child support?
Alimony is not enforced the same way that child support payments are. The court has the authority to enforce child support payments by garnishing earnings, placing liens on property, or even sending the parent to jail.
With alimony, the court cannot do those things. If the supporting spouse does not pay, the dependent spouse must return to divorce court and file a contempt motion to force the supporting spouse to pay.
Contempt proceedings involve requesting a judge to force the supporting spouse to make all past-due and future payments.
If the supporting spouse continues to refuse to pay alimony, the court may impose additional penalties, such as fines. Other alimony enforcement possibilities include obtaining a writ of execution from the court in order to seize a portion of the supporting spouse’s assets, such as bank accounts or CDs.
To pay for alimony arrears, the court may seize personal assets such as real estate earnings. The dependent spouse might seek an income withholding order to deduct the money from the payer spouse’s earnings.
If the supporting spouse is not paying spousal support, it is critical to determine why. Nonpayment of spousal support may be due to unemployment or a change in their circumstances, which may impact the amount and duration of alimony paid.
If you are experiencing trouble receiving your spousal support payments, speak with family lawyers Fairfax VA to help you figure out how to collect what you deserve.
When hiring an attorney, don’t hire the first one you come across. Instead, you should take your time to find a reputable one with experience that is enough to give you the support you need.
