When a couple decides to end their marriage, there will be a lot of things they will need to decide on, or many of those things can be left for the court to decide on if the divorcing parties aren't able to come to their own agreement. One of the things that may come into play is alimony. Years ago, it was common belief that the wife would be the one getting the alimony from the husband. However, things have changed a lot since then with regards to alimony. Here are some of the basics of alimony, if you want to learn more or if you are headed for divorce and need this information.
What exactly is alimony?
Alimony is a payment that is made after a divorce to help the spouse who relied on the other for the majority of their living and maintenance expenses. Alimony can be given in a lump sum, but it is normally given in monthly installments. When speaking of alimony, it will be the supporting spouse who is paying the alimony to the dependent spouse. A spouse is deemed to be dependent when they make less than the supporting one does.
How much is alimony?
Each case is different and there are a lot of factors that come in to play with regards to determining the amount of alimony that the dependent spouse should be entitled to. A spouse who is dependent on the income of someone making a modest income will only receive a modest amount of alimony. On the other hand, a spouse who is the dependent of someone who makes huge amounts of money will receive much more. The premises is that the dependent spouse should still be able to keep up with their bills and not be forced down into a lifestyle they may not even know how to get by in.
Is every dependent spouse able to get alimony?
Alimony is determined on a case by case basis. There are a lot of things the court takes into consideration when it comes to determining whether a spouse is entitled to alimony payments. For example, the court will consider how long the couple has been married. Also, if the dependent spouse cheated on the supporting spouse, then this would be grounds for denying alimony to that dependent spouse. However, if it is proved that both parties have cheated, then the alimony payments may still be ordered.
Does child support cancel out alimony?
No, when someone is ordered to pay child support, that money is to go toward the child. It is to help the child with the things that child needs and would be getting had the divorce not occurred. Child support is not intended to be used for the dependent parent, although the parent has the right to spend the money as they wish without being questioned about it by the supporting spouse. However, alimony is for the dependent spouse and has nothing to do with the children.
An Attorney can answer all your questions
If you have more questions about alimony, then you should get in contact with an alimony lawyer who will be able to answer all of your questions and possibly be able to help you with your case.Share