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Saturday, Mar 28, 2020
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Law

Spousal Support Lawyers and Divorce

What is a spousal support lawyer and what they do?

A spousal support lawyer is an attorney that assists in the monetary decision-making process of a divorce case when it is taken to court.  This happens once alimony is awarded to a separating couple, which ensures the steady income and financial stability of both persons named in the court order.  Divorce law attorneys are necessary for almost all the steps of a divorce, starting with the proceedings and ending with the rejection or awarding of the alimony.

What determines the amount and span of alimony payments?

Spousal support lawyers often look to the Uniform Marriage and Divorce Act when determining the amount and span of alimony payments.  The Act suggests several factors to consider while deciding alimony, which include the mental and physical health of the former spouses, the length and condition of their marriage, the ability to provide for themselves and the recipient, and more.  This is the evaluation step in divorce cases that ushers in the final result of who will be the recipient of alimony.

Are there different types of alimony, and if so, what are they?

There are five notable types of alimony that tailor to different forms of marriage:

  • Reimbursement: When the recipient spouse is reimbursed after the expenses made within the duration of the marriage, often to help the other gain a college degree or aid during some other financially draining situation.
  • Lump Sum: When alimony is a fixed amount that is paid only once to the recipient spouse.
  • Temporary: When the recipient spouse is issued temporary support so that they can afford the divorce case and remain stable while the court order is pending.
  • Rehabilitative: When the recipient spouse is given financial support until they receive the necessary resources to sustain themselves.
  • Permanent: When the recipient spouse is issued permanent support because they are unable to financially carry themselves.

How is alimony revised and discontinued?

When deciding alimony, the spousal support lawyer is inclusive in his or her discretion over the details of the past marriage.  These observations determine not only the type of alimony, but the possibility of revising or even discontinuing the alimony itself.  There are several ways that this could happen.  One common way is when a spouse remarries and/or receives a sudden financial influx.  However, this does not warrant an automatic amendment or termination of the alimony.  In fact, there are many circumstances that could be blocking this from happening.  For instance, because rehabilitation alimonies are short-term, they may not be altered even if there is a substantial change in the circumstances of the recipient spouse.

Spousal support lawyers are imperative in the decision-making process of divorce cases brought to court.  They consider the important elements within each marriage, and based upon their findings, aid in the ruling of alimony payments.  In doing this, they provide either a temporary or permanent resource that financially secures the recipient spouse and ensures their ability to remain self-sufficient.

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