Family Law Attorney
If you’re in the process of filing for divorce, or are considering it, you may need to ascertain whether or not you will qualify for alimony. Alimony may be referred to as spousal support or spousal maintenance. Depending on the state in which you live, the court may use any one of those names. An alimony lawyer can confirm how it will be referred to in your divorce documents. However, they are actually the same thing.
Eligibility for Alimony
Not everyone qualifies for alimony, and many divorces occur with neither spouse receiving alimony. With the help of an alimony lawyer, they can petition the court on your behalf with a request for alimony, but there is no guarantee you will receive it. However, you attorney can submit the necessary information which can compel a judge to order your former spouse to pay you alimony. Depending on your circumstances, one or more of the following criteria may reflect your situation and make you eligible to receive alimony:
- – You are unable to earn enough income to provide for your basic living needs due to being unable to work because of a mental or physical disability. Your alimony lawyer can provide the court the proof they need to verify your child’s disability.
- – You and your former spouse were married for at least ten years and you are unable to provide for your basic living needs.
- – You have custody of your shared child who requires special care from you due to a physical or mental disability and which prevents you from earning an income. Your alimony lawyer can provide the court the proof they need to verify your child’s disability.
- – Your former spouse was criminally convicted of a violent act against you or your child while you were married, during the divorce process, or within two years before the time you filed for divorce.
Amount of Alimony Payments
If the court awards you alimony from your former spouse, they will determine the terms of the payments after taking into consideration several factors. Your family law attorney can provide you with more detailed information specific to your case, as the following is a general overview of some of the factors that the judge will consider:
- – Each spouse’s financial worth at the time of the divorce and each person’s ability to provide for themselves financially.
- – Each spouse’s employment skills and level of education, and if the person seeking alimony needs it in order to obtain additional training or education to get a job.
- – Each spouse’s financial contribution to the shared child’s cost of living expenses and how those expenses impact the spouses’ ability to meet their own cost of living needs.
- – Each spouse’s contribution of property to the marriage.
