When going through a divorce, there are many things to consider: asset and liability allocation, child custody, visitation, and child support, and sometimes spousal support. It is quite common for one spouse to seek alimony payments during a divorce especially if one spouse hasn’t had consistent employment, has young children, has health issues, or otherwise has relied on their husband or wife for their finances.
Maintaining the means of living
The intention of alimony is to “maintain the means of living”. This is a determination that will keep a relatively equal financial status between the parties being divorced. While splitting one household into two will inevitably create more need for additional income and keeping the same level of living isn’t always possible, the process of determining alimony is meant to come as close as possible. This may come from personal property, real property, money in the form of monthly payments or one lump sum.
The courts will determine the amount of alimony based on many factors including
- The length of the marriage
- The needs of each spouse
- The ability of the supporting spouse to pay
- The ability of the supported spouse to support themselves
How long is Alimony expected to be paid?
As with all other determinations of alimony the courts will look at each case individually and make their determination based on your unique circumstance. When one spouse has a need for support, it is their right to seek it in order to maintain the standard they have been accustomed to.
In addition, either of the divorced parties may ask for a modification of alimony if and when circumstances change. This includes things such as the supported party getting remarried, death of one of the parties, income differences, or cohabitation with the opposite sex among other circumstances.
Protect your rights by hiring an experienced attorney
Contact West Orange divorce attorney Gary Natale for sound advice about your rights on any question concerning alimony. His detailed and attentive approach to the resolution of spousal support issues is perfectly suited to the demands of his practice. Mr. Natale’s background in accounting and financial analysis can help you work through these factors to get a good idea of your rights and responsibilities in a spousal support case