Filing for a divorce can be one of the most emotionally draining experiences of your life. The process can become even more daunting when your financial dependency is factored into the situation.
That’s where spousal support can help.
The process to receive spousal support or alimony can take a variety of routes. In situations where the couple is amicable, the procedure can be carried out in a relatively simpler way under proper legal guidance. But if the divorce is contentious, the person seeking alimony has to fight tooth and nail to get their fair share of financial support through the available legal framework.
At Hilliard & Swartz, our seasoned divorce attorneys hold extensive experience in handling spousal support cases. Whether you need to draw up a legal agreement to finalize your alimony arrangement or if you have to prove your claim in court, our team can help you through the intricacies of the process.
But before you move forward with getting personalized legal consultation on your case, you might be interested in learning the basic information about spousal support. The following details can help you know exactly how the process works and how you can benefit from it.
What Is Alimony?
Alimony or spousal support’s main goal is to minimize the financial disruption that an unemployed or lower-wage-earning spouse may experience after their divorce.
The financial support structure exists to help those spouses whose marriage may have impacted their current financial status. For instance, if a person chose to build a family with their spouse over developing a professional career, they may have ended up with a low-salary job or no career at all. With alimony, these individuals can receive the financial support they need after their marriage has ended. Apart from the earning status of both spouses, the alimony payment depends upon various factors such as the duration of the marriage.
In some cases, the couple may reach an arrangement by themselves, where the employed or higher-wage-earning spouse may agree to pay a long-term or short-term alimony for the other’s expenses.
But there can be scenarios where the alimony claim from one spouse is argued by the other. In such situations, a court can decide whether to award the alimony to the spouse in question.
As a result, when followed through a proper channel, a couple may either mutually decide the details of alimony or adhere to the court’s orders. But in both cases, alimony remains a critical financial support framework for those whose lifestyle or finances are negatively affected by the divorce.
Types of Alimony
While the terms spousal support and alimony are interchangeable, not every type of alimony is the same. There are various types of alimony in place that cater to specific situations and financial arrangements.
To be precise, there are 5 different types of alimony that include the following spousal support options.
Temporary spousal support. As the name suggests, this type of alimony is temporary and only applies when a couple is going through divorce proceedings. The alimony is obtained by the unemployed or lower-wage-earning spouse, with the stipend typically stopping after the divorce is finalized. At that time, a new claim for different alimony payments can be entertained by the former spouses or the court.
Permanent Spousal Support. This alimony means that the receiving spouse can continue obtaining their spousal support until their marriage to someone else or the spouses’ death. This is the most popular type of spousal support, and comes with the option of flexibility or a revised amount based upon issues such as an injury of either of the spouses.
Rehabilitative Spousal Support. This alimony is meant to support those former spouses whose work or skill set development is dependent on financial support from their ex-spouse. This type of alimony stops after a certain period, but it remains active during instances such as the spouse attending college or staying at home to take care of the kids.
Reimbursement Spousal Support. This type of alimony kicks in if the paying spouse had received any other financial aid throughout their marriage. In such cases, this financial support is awarded for making up for the reimbursement through monthly or one-time payments.
Lump-sum alimony. This type of alimony isn’t as widely known as a monthly stipend. But it still exists and mainly caters to couples who have high-value assets or earnings in place. This is also helpful for those couples who either do not want to wait for a monthly stipend or don’t want to deal with issues such as remarriage stopping the alimony payments.
Laws for Alimony Very From State To State
It is important to remember that state laws for divorce as well as alimony can change with the jurisdiction. For instance, some states may require you to be married for a certain period before you can request alimony.
That is why it’s imperative that you reach out to specialized attorneys who have a firm grasp of providing legal representation within your specific state.
This makes sure that you can proceed after considering all available options. It also ensures that you do not accept an alimony award from a mutual discussion where the offered amount is lower than what you may get after a legal assessment.
Due to these reasons, it has become crucial that you speak to experienced divorce attorneys who could help you obtain your goals and seek a proper financial support method.
How We Can Help With Your Unique Situation
At Hilliard & Swartz, LLP, our expansive team of divorce attorneys can ensure that we lead you through the complicated process with overall simplicity. Regardless of how unique your situation might be, our lawyers can assess it promptly and advise you on the best possible course of option.
Ensure that you have strong legal representation by your side.
Don’t hesitate to contact us today. We will be here to understand your specialized requirements and assist you through the intricate process with the utmost ease.
Reach out to us if you have questions or concerns regarding your overall situation.