Determining the Terms of Alimony

Amidst divorce, it is fairly common for spouses parting ways to negotiate the terms of alimony. In the eyes of the court, they want to see that both spouses do not encounter financial turmoil because of the separation. So, alimony is a way to settle any vast discrepancy in financial status between them and enable each spouse to have the same quality of living as when they were married. 

A divorce lawyer, like from Gray & Becker, P.C., have worked with many spouses separating from their husband or wife, and can understand how heated of a topic alimony can be. With our help, we will do what we can to make the process as smooth as possible while seeing to it that you are protected along the way. 

General Rule of Alimony

A spouse is dependent on the other if he or she earns significantly less money than their husband or wife. The spouse who makes more may have to pay into alimony if there is a serious need for financial support. How much a spouse has to pay to the other in alimony can vary widely, as how much people can earn and the difference between them can be drastic. The term for how long alimony is to be paid can be based on a reasonable amount of time the spouse in need requires to get onto his or her own feet financially. The paying spouse may pay their husband or wife in one large check, or have to send smaller but recurring payments monthly. 

Avoiding Attending Court

Divorce can be tiring, expensive and stressful. Both spouses may want to avoid having as little disputes as possible, as this can save them both time, energy, and money. Both spouses may agree that trying to avoid attending court over alimony may be what is preferred for both of them. If this is the case, then they may try to settle the terms of alimony amongst themselves and with help from an attorney. However, if the couple is unable to reach an agreement about alimony then they will have to plead their case in front of a court judge, who will have the final say in the alimony arrangement. 

Factors Taken Into Consideration

Whether you are trying to negotiate between you and your spouse or have decided to see a judge over the matter, there are various factors that can be taken into consideration when establishing alimony terms. For example, a judge may review each spouse’s ability to earn, current income, age, health, duration of marriage, and whether domestic violence occurred. Based on this information, the court will decide who is “dependent” financially on the other and in what amount and for how long alimony must be paid. 

If you are currently parting ways from your spouse and need help over alimony, you can rely on an attorney for legal assistance. Please contact a law office today for a consultation!