Alimony is known as spousal support, and it is a payment from one spouse to the other after a divorce or during the case. It is done under court orders, and the terms can differ from one state to another. The judge must decide when an award is necessary, how much will be given and for how long. In most cases, the payments are periodic, paid monthly typically. But the judge can also order lump sum payment for maintenance in property transfer or cash.
Whereas you cannot undo the lump-sum awards, the court can change or end periodic support through justifiable circumstances, like if the spouse has remarried or has secured a high-paying job. Death automatically ends periodic alimony, and so is when the spouse starts living with a partner in some states.
When seeking spousal support, you must make a request when filing for divorce. You can together agree on it; the judge only comes in to decide if you can't reach a separation agreement. The judge will use different facts to determine whether alimony is necessary and how much should be awarded. Some of the factors used to determine the support include:
- The standard of living during the marriage and how possible it is for each to maintain the same after the divorce
- The assets and debts of each spouse
- How much they each will get after the division of property
- Low earning capacity for one spouse as a result of unemployment when taking care of the family
- Marriage length and the health and age of each spouse
- Contributions made by each spouse in career development, education, or training
In some states, it is possible for the judge to use domestic violence and other misconduct by one or both spouses to make an alimony decision.
How an attorney helps
Divorce lawyers are very important in the divorce process. This is because negotiating can be hard, especially when you are already in the pain of losing your marriage. The pain can make you unreasonable, especially when facing the other person. A divorce mediation lawyer takes part in the process to help you reach a settlement amicably. You will also need their help when you need to change the alimony amount and handle the lawsuit in case your partner has refused to pay.
Whereas divorce attorneys cover the entire divorce process, it is not always given that alimony is part of the services they offer. It is, therefore, important to find out beforehand whether your lawyer covers alimony or you will need to find an alimony attorney for it. Dublin has experienced and reputable divorce lawyers; you can get female divorce lawyers if you feel more confident working with them.
The attorney's work is to get a settlement you are comfortable with, whether you are required to pay or receive the payment. If there is a prenuptial agreement, they will also know how to deal with it and mediate the situation before it gets out of hand. Divorce hurts everyone, and it is only fair that both spouses feel alright with the orders given. Your attorney will not only help you have a smooth process, but they will also prepare you for the possible outcomes.
When looking for an alimony attorney, it is best to settle for reputable law firms with experience and knowledge in handling sensitive cases. Some lawyers in Dublin specialize in specific areas, whereas others are all around. You can find divorce lawyers who also double up as compensation claim solicitors. Always confirm that your lawyer can serve your needs and do a good job while at it. Questions like how many similar cases they have handled and won can help boost your confidence.
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