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Alimony: Know Your Rights

What is alimony? Alimony is a legal obligation a married couple has to support one another after a divorce. Alimony is determined by family and divorce laws. Alimony can be substantial or minimal, and it can last for years. If you are wondering if you will be ordered to pay alimony, read on for more information. Also, keep in mind that there are a number of other ways to fight alimony.

 

In the past, the breadwinner was almost always the recipient of alimony. This was a tradition that courts reflected. However, in today’s society, the status of women as primary wage earners has changed and the courts have adapted to this new reality. Alimony is now less likely to be awarded when the spouses are no longer earning at a similar rate. In this case, the recipient spouse is likely to be the one who receives the support.

Rehabilitative alimony focuses on helping the lower-earning spouse find a new job and increase their earning power. In other cases, the lower-earning spouse will be awarded this type of alimony to help them get back on their feet. It may take years to find a new job and establish a new income, depending on dependent children and other factors. Often, the recipient spouse will need to earn further education or show that they are actively looking for work.

The Stepanian Law Firm in New York City specializes in alimony and separate maintenance. The law firm provides guidance and legal representation throughout the entire process. If you have to go to trial, your divorce case will likely go to trial. However, if the settlement is not possible, you will likely need to hire a lawyer to navigate the trial process and make the best decision for your financial future. The firm will also help you locate housing that suits your needs and income.

A judge can order temporary alimony, also known as alimony pendente lite, to provide support during the separation and divorce process. This type of alimony is often used to help a spouse who has moved out and does not want to file for divorce. These kinds of temporary alimony payments are designed to help each spouse maintain a certain standard of living while the divorce or separation process is taking place. However, in some cases, the parties can agree on alimony pendente lite to avoid a long-term conflict.

Once you have been awarded alimony, you may not want to stop paying it. If your ex does not follow the court order, you can petition the court to end the payments. The court will decide whether to terminate alimony or modify it. However, you must prove that the court has abused you and unfairly treated you. The court will look for circumstances that prevent you from maintaining a standard of living and can only end the payments if the other spouse has not met these conditions.

In addition to a statutory formula, the judge will consider factors like the earning capacity of the spouses and their respective expenses. In some cases, alimony is based on the length of the marriage and the earning capacity of both parties. Also, the length of the marriage, contributions both spouses made to the marriage, and any marital misconduct may also be considered. A judge will not automatically award alimony in a divorce, however.

If a marriage is over ten years, alimony can be as low as 80% of the marriage length. However, if the marriage is under fifteen years, it can be as high as seventy percent. And if the marriage is over 20 years, it will be much higher, meaning that a couple would need to pay alimony for at least fifteen years. If the other spouse gets remarried or remarries, the alimony will end as well.

In addition to alimony being incorporated into a divorce decree, a court can also award spousal support to one spouse. The court would consider how much each spouse contributed to the marriage in order to determine an amount that both of them could afford. This amount would depend on the need of the receiving spouse, and the ability of the other spouse to meet the payments. If a judge awards alimony, it will be incorporated into the divorce decree as if it had been ruled by a judge.