When you go through a divorce, one of the first things your friends may ask you is whether or not you are getting alimony. This does not happen in every case, and some relationships may not require it. If you are going through a divorce and request alimony, the judge will review the information to determine if you qualify.
What qualifies a spouse for alimony?
You may qualify to get alimony payments from your ex-spouse if you do not have sufficient income or property. Before being approved for payments, the judge will look at the information and the marital lifestyle. It will also depend on if the person paying can afford to support themselves after the payments. Based on the evidence, they will approve or disapprove the request.
Alimony is not something anyone can stop paying. There is a specific legal process that has to happen in order to stop making payments. If a spouse or partner refuses to pay alimony after a judge has determined a payment is needed, there could be legal consequences and you could face civil charges.
Types of Alimony
Every state will have various rules revolving around alimony. In some states, there are temporary, periodic, reimbursement, or permanent types of alimony. This may mean if you pay alimony, it only has to be once in a while. It will be dependent on the other spouse and the lifestyle you lived while married. The best way to get the best payment plan on alimony is by having an attorney represent you and share accurate information with the judge.
This type of alimony is for the adjustment period or while the divorce is taking place. It is calculated similarly to child support. It can also happen while the divorce is going on; if that is the case, there may be a new alimony agreement after the divorce is legal and over.
Alimony that is periodic means that it goes to a spouse for a specific period of time, and the arrangement may be modified. If a spouse gets married the alimony will terminate or if the spouse dies.
This type of alimony may be the most complicated to sort out and hard to prove. This is alimony based on the time, effort, and money the spouse put into their partner’s resources.
Permanent alimony is not often rewarded unless you and your spouse have been in a long term marriage and the other cannot support themselves at all. Age, disability, and absence from a job may qualify a person for receiving long-term alimony.
When Does Alimony Start?
If you need help before the divorce is finalized, alimony payments can start before the divorce ends. Depending on what the judge decides a spouse qualifies for will determine how long the payments continue after the divorce is legal.
When To Get An Attorney
If you need help collecting evidence supporting that you need alimony payments, you should talk to Petrelli Previtera. We will help ensure you get the help you need through your divorce and receive funds to live comfortably.
Contact Petrelli Previtera today to schedule a consultation and find your clarity!