Alimony is a routine payment paid by one spouse for the maintenance and
support of the other. Sometimes alimony comes in a lump sum to help a
spouse get started on his or her own after divorce, while other times
it is paid in monthly installments. Normally the spouse that makes less
money is the one who ends up with alimony if the court awards this financial
benefit. Sometimes, in cases where one spouse stays home with the children
and the other spends his or her days at work, the unemployed spouse will
receive alimony. A divorcing partner can choose whether or not he or she
wants to seek alimony from the other when determining the
divorce procedure.
While you can choose whether or not you want to seek
alimony, a court will determine whether or not you can receive it. The judge will
look at the marital misconduct of the spouses, the earnings and the earning
capacity of both spouses, and the ages of the spouses before making their
decision. They will also look at the mental and emotional conditions of
both partners, the duration of the marriage, and the benefits that each
spouse receives. The contribution by one spouse to the education, training,
or earning of the other spouse may play a factor.
Judges will also consider the relative needs of the partner seeking alimony
and whether or not that husband or wife contributed to the marriage as
a homemaker. If one spouse brought more property into the marriage than
the other, this may influence the judges’ decision. Courts will
also evaluate the tax ramifications of an alimony award. Once all of these
factors have been taken into account, the judge will choose whether or
not to award alimony and determine how much and for how long. If you are
seeking alimony, you will want a family lawyer on your side to fight for
you. At the
Hopper, Hopper & Mulligan, PLLC, we work hard to give our clients the divorce outcomes that they desire.
Contact us today to get more information about seeking alimony.