If a couple who is married gets divorced and the court can give “alimony” or spousal support to one of the spouses who divorced, in accordance with an arrangement between them or a ruling of the courts. This is distinct from the division of marital property , and is determined on a case by case basis.
There are many people who have questions regarding the difference between alimony and. child support, too. Alimony differs from child support since child support funds can only be used for children who are under the custody of the parent in charge. This article will provide a brief overview of the basic principles of alimony as well as spousal support.
What Is Alimony?
The goal of Alimony is to minimize the negative economic consequences in divorce, by providing a regular income to a spouse who is not earning a wage or a less-wage earning spouse. The reason for this is the fact that a former spouse might have decided to give up working to help support their family and requires time to learn job abilities to help support themselves. Another reason could be to assist a spouse maintain the standard of living they experienced during their marriage despite the changes in income, taxation or bonuses, taxable income or tax returns, and so on.
How the Amount of Alimony is Determined
Contrary to children’s child support that in many states is required by strict guidelines for monetary payments the courts are able to exercise a wide power to decide whether or not to award spousal support , and in the event that they do, what amount and for the length of time. It is the Uniform marriage and divorce act (UMDA), on the basis of which many states’ statutes on spousal support are based, suggests that judges consider the following elements when making decisions regarding alimony awards:
- The physical and mental age emotional state and the financial situation of ex-spouses;
- The amount of time that the person would require to complete their the education or training required to become self-sufficient.
- The standard of living for the couple in the years following marriage.
- The duration of the marriage;
- The ability of the payor spouse to help the recipient while still supporting the recipient.
Alimony and Support Orders
While awards aren’t easy to determine, whether the spouse who is paying will be able to follow through with an order for support is even more difficult to determine. The enforcement of Alimony isn’t the same as the enforcement of child support, that includes its own “teeth” of wage garnishment as well as liens, as well as other mechanisms for enforcement. The beneficiary could, however be able to return to the court in the event of a contempt case to demand the payment. Since alimony is a right granted through a court-issued order, the legal mechanisms to enforce the court’s order is accessible to former spouses who are being owed the alimony.
How Long Must Alimony Be Paid?
Alimony is typically deemed “rehabilitative,” that is it’s granted only for the time it is needed to allow the spouse receiving it to undergo training and become self-supporting. In the event that it’s the case that the divorce order does not specify an end date for spousal support and the payments are to be continued until the court decides the opposite.
The majority of awards expire when the recipient gets married again. Death of the payer isn’t always automatic. In situations where the spouse of the recipient will not be able to secure work, possibly due to age or health issues the court can require that additional support be made available from the estate of the deceased or proceeds from life insurance.
It was the case that in past times, the majority of award of alimony were made to wives who had ex-husbands who had bread winning. The way of life has changed and now the majority of marriages are made up of the two-income earners and women are considered less dependent and men tend to have the role of primary parent and the courts and spouse support awards have remained in up with the changing times. In the last few years the custom of males paying and females receiving support from spousal partners is being diminished and orders for the payment of alimony from an ex-wife to ex-husbands men are rising.
The alimony landscape is also changing due to an U.S. Supreme Court’s Obergefell v. Hodges decision legalizing the same-sex marriage across the nation. This has led to the issuance of alimony orders in divorce cases, where spouses with higher incomes are legally required to pay alimony for the spouse who is dependent on them.
Call a Family Law Attorney for Your Spousal Support Questions
Alimony is a topic that is a topic that will be discussed in numerous divorces regardless of whether they’re through out-of-court settlements or a divorce trial. Since it can be difficult to build a financial foothold after divorce, alimony may be a significant factor in helping you get used to the new life following divorce. To fully know your options and whether you’re eligible to pay or be eligible for the alimony you deserve, it’s essential to talk to an expert divorce lawyer in your region.
Frequently Asked Questions:
Q. Who is entitled to spousal maintenance?
Spousal maintenance is often awarded to a spouse who has been left with the care of children under 18, who does not have the earning capacity owing to caring for children under 18, where there are few assets of the marriage available for division between the parties and if one party has significantly greater income.
Q Do I have to support my wife after divorce?
As long as the couple remains married, the court does not set a time limit on spousal support. Maintenance on the other hand, is support the higher-earning spouse pays after the divorce is finalized.
Q. How long do you have to pay spousal support in Canada?
However, the Spousal Support Guidelines do offer guidance to the courts for making the decision about how long support should be paid. When there are no children, the Spousal Support Guidelines say that support should continue for between ½ and 1 year for each year that the parties lived together.
Q. Who pays spousal support?
What is spousal maintenance? This is a regular payment made by a former husband, wife or civil partner to their ex-partner. It’s only paid where one partner can’t support themselves financially without it.
Q. What can wife claim in divorce?
For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.