Divorce can financially affect both parties, primarily if one of them depends on the other for financial support. When this happens, the dependent spouse may have difficulty making ends meet due to a lack of financial resources. It is where the legal concept of alimony enters the picture.
Essentially, alimony or spousal support is a court order to pay one’s spouse during the divorce process. It’s intended to bridge the gap when both of them have different incomes or when the other spouse can pay while the other demonstrates serious financial need.
However, if you and your spouse agree to part ways permanently, you may wonder if you’re required to pay alimony after the divorce. To answer that question, continue reading this article to learn more about alimony:
Factors Used To Require One Spouse To Pay Alimony
If you’re asking yourself whether you’re automatically required to pay alimony, the answer may be in the negative. However, there are certain instances in which the court requires alimony payments or spousal support. These can include:
- Duration Of Marriage: The judge will require you to provide alimony to your ex-spouse based on the length of your marriage. If you were married for five years or less, you should pay alimony for about half of the number of years you were together. If your marriage lasted for 15 years, you should pay alimony for approximately ten years.
- Employability: You need to make alimony if your ex-spouse, during the marriage, stopped working or dropped out of school to care for the household, leaving them with a lack of skill or source of income after your divorce. You’ll give spousal support until they acquire the education, skills, or training they need to look for a job.
- Existing Needs: The judge will also consider the income, resources, debts, and financial needs of both parties. If your ex-spouse has fewer of these items, you’ll be required by the court to provide financial support within a fixed period.
- Caring For The Family: If your ex-partner assumes the child’s caretaking, the court will more likely oblige you to make alimony payments to them.
Typically, there are many factors to consider to determine the awarding of alimony after divorce. But, if you want to understand better how to deal with this process while minimizing conflict, it’s best to contact a dedicated lawyer from www.drfamilylaw.com and other reputable law firms online.
Different Types Of Alimony
If you’re asking whether you should make alimony payments after separating from your spouse, the answer may be yes. Generally, if you’re the high-income earner and your spouse depends on you to support themselves, you should pay alimony to your ex-partner. But, the amount of time you’re required to make payments depends on the type of alimony awarded to you by the court. These can include:
- Permanent Alimony: Under this type, you should make alimony payments during the lifetime of your ex-spouse. You can only stop paying when they retire, remarry, or die.
- Rehabilitative Alimony: Under this type, the judge will determine the fixed date when the financial support ends. This determination is based on the judge’s belief as to how long your ex-partner needs to recover and get back on their feet financially.
- Reimbursement Alimony: Under this type, the judge will require you to pay alimony as reimbursement for the money, time, and effort your ex-spouse put into your financial resources. Like rehabilitative alimony, this type only lasts for a specific period.
Rules Regarding Enforcement Of Alimony Award
Once the judge determines your mandatory obligation to pay alimony, they’ll issue and sign an order. Since this legal order is valid and enforceable, failing to make alimony payments can lead to legal trouble. After knowing your failure to pay, your ex-spouse will file a motion in court to call your attention. At this point, the court can hold you in contempt of court, resulting in hefty fines and penalties.
Moreover, after receiving the motion, the court will set a hearing during which the judge allows you to explain why you refuse or fail to provide alimony. After getting your response, the judge will decide the motion and determine the best possible course of action against you.
So, if you’re obliged to provide spousal support, make sure to abide by the court order to ensure a peaceful divorce proceeding and avoid other legal issues in the long run.
Bottom Line
Generally, paying alimony, along with negotiating a settlement, is of the things you need to deal with during and after the divorce proceedings. Thus, if you want to educate yourself about this court-ordered payment properly, make sure to keep the information mentioned above in mind. By doing so, you’ll have an idea of how the court examines each party’s circumstances to determine why you may be required to make alimony payments.
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