Alimony, or spousal support, is financial assistance intended to support the lower-earning spouse after a divorce. Alimony or spousal support is hard to understand, yet every individual going through a divorce needs it as explained by The Harris Firm. In this article, we will discuss the three types of alimony you may be entitled to and the factors that determine how much alimony is owed and calculated in Huntsville, Alabama.
Factors Affecting How Alimony is Determined?
- Length of the Marriage: How long the marriage lasted is one of the most important factors when it comes to alimony. Higher alimony awards or longer payment periods are more likely if the marriage lasts longer. For marriages of ten years or more, the rationale is to offer larger and longer-term support.
- Earnings and Financial Assets: The court takes into account the income and earning capacity of each spouse plus their financial resources. That covers your pay, returns, and all other income. The objective is for each party to continue living as close as possible to the lifestyle that was enjoyed during the marriage.
- Standard of Living: When determining alimony, the standard of living established during the duration of the marriage is a huge factor. The goal of the courts is to try to allow the lower-earning spouse to enjoy a standard of living comparable to that which they had during the marriage.
- Age and Health: Another important consideration is the age and health of each spouse. Spouses who are older, or Spouses with a medical issue that hinders their ability to earn, can get more alimony and may receive these for a longer period of time.
How Alimony is Calculated?
- Financial Declarations: Financial disclosure requires both parties to declare information about their income, expenses, assets, and liabilities. This helps the courthouse get a complete picture of both partner`s financial situation.
- Income Assessment: It looks at both spouses’ incomes, but the court can also consider the potential income of a spouse who could work but is either underemployed or voluntarily unemployed. This guarantees a fair calculation founded on their capacity to earn.
- Duration of Payments: Alimony payments last for a set period (e.g., number of months), based on the length of the marriage, how long it would take for the spouse receiving this payment(s) to become self-sufficient again, and existing plans to rehabilitate themselves.
Legal Help and Other Tools
- Hiring an Attorney: Alimony is a complicated matter, and it is highly recommended that you utilize the services of an experienced family law attorney. A lawyer will be able to guide you legally, protect your interest, and assist in making sure that all aspects are taken into consideration during the alimony decision.
- Mediation Services: An alternative to litigation is mediation, which provides a more collaborative environment in terms of negotiating alimony issues. An individual mediator assists both parties in negotiating a mutually beneficial alimony settlement that the court can then approve.
- Legal Aid Organizations: Many legal aid organizations in Huntsville can help with family law issues including the payment of alimony for individuals who cannot afford to acquire private counsel. Such organizations offer resources and assistance to those who are going through a divorce.
Whether readers are anticipating a divorce or investigating their pursuit of alimony, getting a grasp on the complex workings of it in Huntsville is key. Understanding the various forms of alimony, how courts determine whether or not to award it, and how it’s calculated can help you approach this difficult part of divorce. Alimony lawyers make sure that the provision is both fair and reflective of either party’s circumstances, needs, and resources.