Assistance With Spousal Support (Nov 2024)
Summary
- Alimony, spousal support and maintenance refer to the same legal concept
- Courts only award alimony when the requestor proves certain elements
- An alimony lawyer for each spouse will seek or defend against alimony
Divorce involves settling a number of legal matters, such as alimony. What is alimony? Alimony, also called spousal support or maintenance, is the payment of money from one ex-spouse to the other. It serves some important purposes after a divorce, particularly if the spouses have unequal economic positions.
However, courts do not consider or grant alimony in every divorce. A spouse must ask for it and prove they meet certain factors to receive it. The other spouse can oppose the request by disproving those factors.
In many cases, both spouses will have an alimony lawyer representing them. The amount and duration of alimony payments could significantly affect both parties’ financial situations, so attorneys negotiate and litigate to fight for an amount fair for their clients.
ConsumerShield helps people understand their legal rights and find a qualified attorney to represent them. Contact us for a free case evaluation and a referral to a family lawyer for your alimony case today.
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Why Do Courts Award Alimony?
Along with custody, child support and property division, alimony is one of the main issues addressed in divorces. Courts in many states consider some or all of the following factors when deciding to award alimony:
- The length of the marriage
- The age and health of each spouse
- Each spouse’s training and education
- Each spouse’s work experience and employment prospects
- Each spouse’s role in the marriage
- The standard of living during marriage
- The property and debts the spouse received in the divorce
- The reasons for divorce in fault-based divorces
- Whether a spouse deferred education to advance the other’s career or education
There are other issues often considered in determining whether to award alimony and how much to award as well. For example, in Oregon, a court considers each person’s child custody and support obligations in awarding alimony. Thus, one parent might only work part-time because the couple’s children are infants or toddlers. A court might consider that limitation when awarding alimony to that spouse.
Conversely, the parents might have a special needs child. One parent might have a substantial child support obligation to assist with the child’s care and education. In this scenario, a court may consider the impact of child support on the spouse’s financial ability to pay alimony.
In most cases, the main factors considered by a court include the spouses’ financial means and needs. The court awards alimony to reduce the short- or long-term economic disparities between the spouses.
In California, a court can award temporary alimony during the divorce based on a formula that looks only at each spouse’s earnings and needs to ensure both spouses have the resources they need until the final order in their cases. The court then considers a long list of factors to decide whether to award long-term alimony.
What Does an Alimony Attorney Do?
Alimony attorneys provide several services. To start, you do not need a special alimony attorney. Most divorce lawyers have the experience and legal knowledge required to handle any alimony issues that arise during your divorce.
However, if you think your divorce case will raise unusual or difficult alimony issues, you might want to look for a lawyer who has experience handling similar cases to yours.
During a divorce, your lawyer can:
- Assess whether you or your spouse can seek alimony
- Evaluate the amount you or your spouse can pursue
- Assemble evidence to support your case for a fair alimony amount
- Negotiate with your spouse’s attorney to settle the alimony request
- Advocate in court if negotiations cannot resolve the issue
After the divorce order is finalized, an alimony lawyer can also assist in collecting past-due alimony and modifying alimony amounts due to a change in circumstances since the divorce.
An alimony lawyer can also help you proactively by defining the alimony your future spouse can seek in a prenuptial agreement. What is a prenup? This agreement between engaged couples defines what will happen if the couple ever divorces.
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How Do I Find an Alimony Lawyer Near Me?
You will usually start your search by gathering names of family lawyers from family members, friends and other acquaintances. Once you have some names, you should start scheduling initial consultations.
Unlike injury lawyers, many divorce lawyers charge for initial consultations. Since you are paying for the consultation, make sure to arrive with a list of questions, including some that cover alimony.
The best alimony attorney will provide honest, direct legal advice about your alimony prospects. If a court could order you to pay alimony, your lawyer should prepare you. If you can seek alimony, the lawyer should give you a realistic number you can seek.
How Much Does an Alimony Lawyer Charge?
Once you find a lawyer you like, you should discuss fees. An alimony lawyer cannot charge a contingency fee under the ethical rules followed in most states. Instead, you will pay either a flat or hourly fee for the lawyer’s assistance.
How much does a divorce cost in legal fees? An uncontested divorce in which you can settle all issues, including alimony, may only cost a few thousand dollars in lawyer fees. A contested divorce that requires extensive discovery, hearings and a trial could cost tens of thousands of dollars in fees.
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Contact ConsumerShield for Help Finding an Alimony Attorney
Alimony can be a challenging part of divorce. In addition to its financial effects, alimony also creates an economic relationship between ex-spouses after their divorce. Fortunately, finding a lawyer can help you smooth this process.
ConsumerShield helps people understand their legal rights and find the right lawyer to represent their interests. Contact us for a free evaluation of your case and an attorney referral today.
Divorce Knowledge Base
Read the latest information on Divorce and find answers to your questions. Currently there are 19 topics about Divorce .
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Alimony Lawyer
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Uncontested Divorce
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San Diego Divorce Lawyer
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Austin Divorce Lawyer
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Without Lawyer
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Mediation Lawyer
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separation-agreement
Separation Agreement: Negotiate a Marriage Settlement (2024)
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Property Division Lawyer
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Annulment Vs. Divorce
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How To Get
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How Much Cost
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What Is Alimony
What Is Alimony and How Do Courts Decide to Award It? (2024)
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What Is Prenup
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Partnership vs Marriage
Frequently Asked Questions
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Alimony is money paid from one ex-spouse to the other. These payments can occur during the pendency of the divorce or even after the court finalizes the divorce decree. The purpose of alimony is to even out the economic and employment disparities between the spouses.
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Alimony is not awarded in every divorce case. You might not need an alimony attorney if neither you nor your spouse plans to seek alimony, or if you already agreed on an amount. However, speaking to a lawyer can always be of benefit to protect your interests.
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Alimony is awarded after considering several factors in the marriage and the spouses’ finances. This analysis can be complex and detailed. An alimony lawyer can present evidence and legal arguments to fight for a fair number, whether you think you will receive or pay alimony.