Understanding Spousal Support in Divorce
Going through a divorce is never easy. You may be faced with difficult decisions that can have serious financial consequences. One such decision is whether or not to seek spousal support during the proceedings. To help you make the best choice, this article will explain your rights regarding spousal support during an easy uncontested divorce and how these rights might be affected.
Spousal support, also sometimes referred to as alimony, is defined by the law as money paid from one spouse to another after a separation or divorce. In some cases, it may also be required while the divorce proceedings are ongoing. Regardless of when it’s paid, however, it must be ordered by the court and follow certain guidelines in order for it to legally qualify as spousal support.
The first factor that courts consider when determining whether or not to award spousal support is the length of the marriage. If you were married only for a short period of time, then chances are you won’t receive much (if any) in terms of alimony payments. On the other hand, if you had been married for many years or even decades then it’s more likely that you will be entitled to something in terms of spousal support payments from your ex-spouse moving forward.
The next factor considered by courts when deciding on spousal support is the earning capacity of each spouse involved in the divorce proceedings. This includes income received through wages earned and assets such as stocks and bonds accumulated during the marriage. The amount and type of assets held can also play into this equation since they can act as substitute income sources while one spouse searches for employment or undergoes training to bring their skills up-to-date with current job market trends. Additionally, earnings disparities between spouses can sometimes lead to larger awards being made especially if an individual has been out of work (or working part-time) due to childbirth or medical issues within a marriage prior to its dissolution.
In most instances however, courts try their best to balance out both parties’ financial obligations so that neither party faces an insurmountable disadvantage due to spending power discrepancies between them post-divorce. Appropriate child care costs incurred by either parent are usually taken into account too since they often create a significant financial burden on one party over another depending on custody arrangements and child visitation rights arrangements established at the time of dissolving the marriage. When you call our divorce lawyer in Anniston, or wherever you live, they can discuss these and other considerations prior to filing any divorce case.
Finally, if both parties agree upon an agreement outside of court which includes provisions regarding providing for spousal support, then the judge will usually approve it as long as it is fair. This is why it is important to retain a local Birmingham divorce attorney to prepare your divorce paperwork, so they can advise you whether the local judge will approve it or not.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!
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