Divorce may end a marriage however; there is no way by which you can get saved from the obligations of one spouse to another. There are relationships in which one partner is finally sound than the other. To get over with this discrepancy in the earnings the partner who is less well off is entitled to receive spousal support or alimony so that to help him or her manage their post-divorce life. Spousal support means that the stable financial partner will provide some financial assistance in order to make the other person achieve financial independence.
Though there is no pre-defined formula to get alimony, the rules vary according to the state but it is only available to couples who are legally married. There are several options which you can choose to get alimony which depends on case to case basis.
This kind of spousal support is defined for a certain period of time and applies mostly in the case of home makers. This money is provided to the recipient for him or her to obtain any education or job skills that help them to become self-sufficient. Though the time limit for this alimony is defined but it can be reviewed at the end of that defined period. In this agreement the paying spouse has the right to insist on no review. However, the court can override the wish under circumstances of incapacity or illness.
Permanent Spousal Support
This kind of alimony support continues till the time either of the payee or the payer dies or until the recipient re-marries. However, these can be adjusted timely depending on the changes in the circumstances such as the recipient getting a better-paying job or have a major source of income. The payment is also subjected to change if the payee retires or suffers a loss.
This kind of financial support is often granted to the partner in lieu of a property settlement. A lump-sum spousal support is a one time and a fixed amount paid regardless of the condition of the recipient. The amount given equals to the total future monthly payments.
There are various specialized law firms who offer their services in this context. DKY Law is one such firm offering great support and full co-operation in this regard.
Factors Considered by the Court:
There are several factors on which court decides that whether it will be a temporary or a permanent alimony. The settlement varies from case to case.
- Marriage duration and the health and age factors of both the parties
- Any assets or income of the parties including property award
- Earning capability of the two parties
- How long the recipient party seek support in order to become self sufficient
- Lost or reduced earning capacity
- The presence of children
- Any dissipation of assets
- Any transfer made in inspection of a matrimonial action without fair thought
- Any other factor which court shall explicitly find to be right.
Each state has own different laws against alimony or spousal support.
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