When you’re getting divorced, one of the decisions you have to make is whether or not to request alimony from your spouse. It can be a difficult decision, but it’s important to understand all of the factors that could impact your request.
Seeking Alimony
Alimony can help individuals move forward with their next chapter by providing them with the financial support they need. This may allow them to get back on their feet and start rebuilding their life. Alimony can also help prevent them from becoming financially dependent on others and pursuing a lifestyle they enjoy without feeling obligated to borrow money or ask for help.
There are five types of alimony that a spouse can seek during their divorce proceedings. These include open durational alimony, rehabilitative alimony, reimbursement alimony, limited duration alimony, and pendente lite. The type of alimony a spouse may be eligible for depends on their marriage and divorce circumstances. One thing parties should understand is that alimony will not be paid indefinitely, as four of the five forms have time limits and open durational alimony payments end when the payer retires.
Factors That May Influence Awarding Alimony
When the court considers granting an alimony order, it must take a holistic view of each party's financial circumstances to ensure this order is feasible and financially responsible. To be eligible for alimony, the receiving spouse typically needs to prove that they cannot support themselves financially. The paying spouse must also have the ability to pay alimony.
The court will also consider:
- The length of the marriage
- Each party’s contributions to the marital household, including raising children or maintaining a household.
- Each party's financial contributions, such as paying for education.
- If either party made sacrifices to their career to support their spouse during the marriage.
- Any disabilities that would limit one or both parties from seeking employment.
- The form of alimony the requesting party is seeking.
Resistance to Awarding Alimony
There are certain reasons why a court may resist awarding alimony, such as if the proposed paying spouse is already retired.
Additionally, the court may not see a need for alimony if the receiving spouse has a high income or if they have ample assets to support themselves. If a party is already financially independent but seeks alimony, the court might also be resistant to awarding them even more financial support.
How An Experienced Alimony Attorney Can Help
It’s important to consider all of these factors before requesting alimony in your divorce. It may be helpful to speak with a skilled family law attorney to better understand your options and rights. They can guide you through the process and help ensure a fair outcome for your individual situation.
Remember, while the idea of seeking alimony may be daunting, it is ultimately a personal decision that should consider both parties’ financial well-being. Understand your options and make an informed decision with the help of a knowledgeable alimony attorney.
Prepared to Help, Every Step of the Way
Your well-being and financial stability are important, and an experienced alimony attorney at Sherwood, Johnson & Poles can help you navigate these difficult decisions throughout your divorce process. With over six decades of combined experience, our team understands how important it is to advocate for our clients as they seek alimony and resolve their divorce matters.
Don’t hesitate to reach out for support during this challenging time. Call us at (888) 224-1218 to schedule a consultation with a member of our team and learn more about how we can help you through your divorce and family law matters.
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