When you and your spouse divorce, it can cause a significant amount of financial stress, especially if one party does not earn as much as the other. As such, spousal support may be necessary to help the other in the transition from married to divorced. It’s also important to understand that, in many instances, different types of alimony may be awarded based on each couple’s unique circumstances and needs. If you are going through a divorce and want to learn more about alimony, you’ll want to keep reading. The following blog explores what you should know and the importance of working with a Somerset County alimony attorney to help you through this process.
When Does the Court Award Spousal Support During a Divorce?
Unfortunately, there are many misconceptions surrounding alimony that are important to clear up. One of the most common beliefs is that men cannot receive alimony payments. This belief comes from decades past, in which women were relegated to the home while men worked, meaning the wife would typically receive alimony. However, this dynamic has shifted drastically, and as women have entered the workforce, the law is gender-neutral on these matters. As such, if you are a man, you can request and receive alimony from your wife if you qualify.
Additionally, it’s important to understand that, contrary to popular belief, alimony is not automatically awarded to the lower-earning spouse. To receive alimony payments, a spouse must request them as part of the divorce decree. Even then, the court will examine several factors to determine if spousal support is necessary.
Generally, when determining if alimony is necessary, the courts will look at the following factors:
- The length of the marriage
- The standard of living established during the marriage
- The income and earning capacity of each spouse
- If one spouse put their career on hold to support the other or raise a family
- If additional education would be necessary for the requesting spouse
- The state of the job market at the time of the divorce
- The tax implications of alimony on both spouses
- Any other factors the courts deem relevant
What Are the Different Types of Alimony That Can Be Ordered?
As mentioned, alimony can vary for every couple based on their unique circumstances and needs. As such, there are different types of alimony that may be awarded during your case.
Rehabilitative alimony is common in many divorces. This allows the recipient spouse to use the funds to become self-supporting through education or other means while helping support the cost of living through this process.
Another common option is temporary alimony, which is awarded toward the beginning of the divorce process. The main goal of this alimony is to help ensure each spouse is in the same financial position they were in prior to the divorce. When awarding this kind of alimony, the court will not consider the future elements that can impact the award. Additionally, this kind of alimony may be replaced at the end of the divorce with another option.
Most commonly, limited-duration alimony is awarded, which sets a date on which the alimony order will expire. The court will consider the aforementioned factors when determining how long these payments will last. However, the length of alimony cannot exceed the length of the marriage.
As you can see, there are many types of alimony that may apply to your circumstances. Whether you are seeking payments or want to make sure the payments you make to your ex are fair, working with the team at Siragusa Law Firm is in your best interest. Our team understands how important these matters are, which is why we will do everything possible to help you achieve the best possible outcome. Contact us today to learn more.