For many couples going through a divorce, alimony is essential in order for both spouses to move on and be successful. Judges realize that there are many circumstances that call for this added support. Each state has different guidelines when determining the level of spousal support, but all states make determinations around the type, duration and amount of alimony required.
Type
Spousal support can be temporary, rehabilitative or permanent. Temporary support is usually awarded by a judge while divorce proceedings are going on. This is only paid until the divorce is final or another more permanent solution is put into place. Rehabilitative alimony is common when one spouse has a significantly different income level or skill set than the other. This type of alimony lasts for a predetermined length of time determined by the judge. Permanent alimony is usually reserved for those who can not return to the workforce for a variety of reasons. Your lawyer should be familiar with matrimonial law in your state, like lawyer Tully Rinckey who has offices in New York, Texas and DC.
Duration
Alimony can be durational or nondurational. Durational support awards payments to a spouse who needs training or education in order to become self-sufficient. The longer that a couple is married, the longer durational alimony may last. Each state has its own formula to calculate how long payments will continue. Nondurational alimony continues until the receiving spouse gets remarried or either person dies. Speak with Tully Rinckey law to learn about the specific formulas used in each state.
Amount
The amount of each payment is completely up to the judge, but each state considers similar factors. The judge will take into account who stepped away from work to raise children, and what the amount of child support will be. They will also consider how long the marriage lasted, the age and health of each spouse and the current income of both parties. If one spouse attempted to transfer or hide any assets, they may be penalized at the discretion of the judge.
