Marriage is a lifetime commitment of being together through ups and downs. Unfortunately, not all couples successfully hurdle these challenges and ultimately end up in divorce. While this is something that may have been avoidable, it can be a mutual decision between the couple for their peace of mind. Top rated divorce lawyers will help you get through the long and tedious process of divorce.
As mentioned, the entire divorce process can take time – even stressful along the way. One of the things you will need to consider is the alimony agreement. In this case, it is important to consult spousal support lawyers about this. In settling the alimony, you should also consider other factors, as you will read more below.
What is alimony?
Also known as spousal support, alimony refers to the cash payment given by the spouse to the other after the separation or divorce has been finalized. In some cases, alimony is given before or during the process of divorce or separation. Alimony is provided to the spouse who is financially dependent on the other, assuming that the latter is more financially well-off.
Alimony is usually given in a specific period depending on the ex-couple’s final agreement. This agreement also aims to solve any financial issues brought about by the process of divorce. Likewise, it aims to offer fair financial capacity for both spouses even if they are no longer together.
However, alimony is often interchanged with child support. These two are actually different. The former aims to provide support for the spouse with lesser financial capabilities. The latter, on the other hand, aims to provide support for the spouse who has custody of the couple’s child(ren).
In this case, you can seek assistance from child support lawyers. Family lawyers can also help clients get awarded both alimony and child support, which is almost always the case.
Different types of alimony
There are different types of alimony, and these are the following:
- Lump sum
This refers to the total alimony payment given as a single lump sum amount. It should be equal to the total amount of the agreed payments in the future. However, this may not be applicable to all states.
Also known as alimony pendente lite, this is usually granted when the couple has separated before the entire divorce process is completed.
It refers to the type of alimony that is granted to the less financially-capable spouse until he/she dies, if the payor has died, or if the dependent spouse has already remarried.
This refers to “repaying” the ex-spouse of any expenses the other spouse incurred during the time of their marriage. For example, the ex-wife has previously given financial support for the ex-husband’s business when they were still married. Therefore, the ex-husband has to repay the ex-wife for all the expense given to him to support his business.
This type of alimony is given to the less financially-capable spouse so he or she can eventually be financially-independent.
Who will receive alimony?
Among factors that will determine which of you will receive alimony are the following:
- Your financial capacity
- Your spouse’s financial capacity
- Health status
- The duration of your marriage
- The duration of your separation while married
- Your lifestyle during the marriage
Take note that whoever is more financially-capable between the two of you will be ordered to pay alimony to the other. So, it can either be you or your ex-spouse. The total amount of alimony depends on the above factors. Divorce lawyers and even the judge can help you determine the amount of alimony to be paid.
What happens if the spouse does not want to pay alimony?
Alimony payment will only cease in the event of the following:
- Death (you or your spouse)
- Your ex-spouse’s remarriage
- Your children can earn on their own and can support the parent
- When a judge determines that the spouse has not made any effort to be at least partially financially-independent
- Your spouse’s retirement, which means the alimony amount may be modified depending on the judge’s decision
But if the spouse refuses to pay the other than the above instances, legal actions can be made with the help of the best divorce lawyers in your area. Alimony is a legal order that should be complied with especially by the paying party.
In the event of non-payment, the dependent spouse can seek assistance with the best family lawyers in Virginia. At the end of the day, it is everyone’s right to be protected by the law and the rules that bind it.