The term “spousal support,” also known as “alimony,” is not new to divorced couples. Given that most marriages involve a spouse who depends on their spouse to pay bills divorcing them puts them in financial jeopardy. Spousal support, which assists the lower-earning or homemaker spouse in receiving money from the higher-earning spouse following a divorce, thus comes to the rescue.
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How Can I Get Alimony?
Spouses filing their divorce in court have to request spousal support at the initial stages of the divorce process. It will be addressed after addressing the other issues like child custody, asset division, etc, through divorce petitions and divorce agreements.
In many cases, the mediation process is also undertaken to determine if alimony should be paid and how much alimony should be provided to reach an agreement.
Therefore, it is addressed during the divorce process in most states. However, in some states, couples who have divorced can also apply for alimony and go through a separate legal process in the Supreme Court.
How Long Is Alimony Granted To The Spouse After Divorce?
The court will decide the duration till the alimony will be granted to the spouse. Various factors are undertaken to determine this duration, like the length of the marriage, the health condition of the spouse, etc.
Therefore, alimony can be granted for a lifetime if the spouse is disabled or severely ill, whereas it can last for one-third of the time of marriage in other cases. It can also be granted as a one-time payment, and the duration can also change in the future if the spouse remarries.
How Is Alimony Calculated?
The amount of alimony is decided upon based on various factors, and these factors vary from state to state.
However, you will find some common factors in every case during the decision-making of the amount of alimony.
- The earning capacity of the spouses
- The living standard of spouses during marriage
- Age and health condition of the spouses
- If the couple has kids
- The financial need of one spouse and the capability of the other spouse to pay
- Length of marriage
- Contribution of the person in marriage like parenting kids, homemaking
After keeping these factors in account, the court will calculate the specific figure as alimony. This figure will be derived from the monthly earnings of the higher-earning spouse, and a certain percentage of this earning will be specified as alimony to the lower-earning spouse.
What Will Happen If Alimony Is Not Paid?
If, in any case, the spouse does not pay alimony to the other spouse, then the court will seize the property of the paying spouse and issue an order to the employer of the paying spouse to directly transfer the salary of the paying spouse to the recipient spouse’s account.