Family Lawyer Arlington TX
As a family lawyer Arlington TX trusts can explain, If a married couple gets a divorce, a court may award “alimony” or spousal support to one of the former spouses. This support is generally financial and is either based on an agreement/settlement between the two parties or a an award by the court.
What constitutes the award or settlement of alimony/spousal support?
Alimony is commonly settled upon or award to limit any unfair economic consequences of divorce. It generally provides a sustained income to the non- or lower-wage-earning or former spouse. A family lawyer Arlington TX relies on may justify their client’s claim to alimony support if their client chose to forego a career to support the family, and therefore requires time and financial support while he or she develops the necessary experience and skill to provide themselves. Maintain a standard of living one former spouse has grown accustomed to, is also a common justification offered by a skilled family lawyer in Arlington TX.
How do the courts determine the reasonable amount of alimony support?
Courts have pretty loose guidelines when it comes to determining both whether or not to award alimony, as well as how much the support will be and for how long. This is far different from another common matter in divorce proceedings, child support. As a family lawyer Arlington TX couples turn to will attest, in most states child support is mandated according to very specific guidelines. The Uniform Marriage and Divorce Act, on many states’ base their spousal support statutes, recommends that courts include the following factors in their considerations of alimony awards:
- The length of time the recipient would need for education or training to become self-sufficient;
- The age, physical condition, emotional state, and financial condition of the former spouses;
- The length of the marriage;
- The couple’s standard of living during the marriage; and
- The ability of the payer spouse to support the recipient and still support himself or herself.
Is there a limit on how long alimony must be paid?
As a family lawyer Arlington TX counts on can explain, alimony is often deemed “rehabilitative,” that is, it is ordered for only so long as is necessary for the recipient spouse to be able to support themselves to a similar extent. If the final divorce decree does not specify a spousal support termination date, the payments must continue until the court revises the terms of the order with another order. A common reason alimony payments may be terminated by the court is if the receiving former spouse remarries. Death does not automatically constitute termination necessarily; in some cases where the recipient spouse is unlikely to obtain gainful employment, as their age or health may not allow it, the court can order that further support be provided from the payer’s estate or life insurance proceeds.
Let a Skilled Arlington TX Family Lawyer Review Your Case
Alimony is a common issue in may divorces. Whether through settlement or by decree, a splitting couple will often encounter it. In order to understand your options, discuss your case with an experienced family lawyer Arlington TX relies on, today!