Receiving Alimony is Not Guaranteed
Personal Injury Lawyer
As you head toward divorce, you may be wondering how much alimony a judge might grant you from your spouse. In actuality, you may not receive an alimony award, as a divorce lawyer might tell you. There are several factors that the Judge will consider when determining whether or not one of the two spouses will receive alimony, and if so, how much and for how long. This is not to say that the Court cannot be swayed to rule one way or another when presented with certain facts and insight from a divorce lawyer who represents one of the spouses. If you are considering getting a divorce, give us a call to discuss your circumstances with a skilled divorce lawyer.
Alimony Determination Factors
During the divorce court proceedings, the presiding Judge will make a determination of alimony if either party petitions the court to receive alimony from the other party. Alimony is also referred to as spousal support, and in some instances, it’s also called palimony. When considering whether or not to award alimony to the divorcing couple, the Judge will review the circumstances of both parties. Your divorce lawyer can provide you more detail specific to your unique set of circumstances. However, below is a general overview:
The Judge will consider the current and potential income of each spouse. If both spouses make about the same level of annual income, very likely neither will be eligible for alimony. As a general rule of thumb, if one spouse makes significantly less money or no money at all, they may qualify for alimony payments. This is contingent on them not being able to make ends meet without alimony, and/or that they will otherwise be unable to enjoy the quality of life they experienced while married. If one spouse makes significantly less money, but they have the education level and skill set to make more money, the Judge may consider their potential salary rather than actual salary. In that scenario, the person may not qualify for alimony.
Alimony payments will usually not continue indefinitely. Your divorce lawyer can request a start and end time for when you will receive alimony. Very often, the length of time is limited to a period of several years. If the alimony payments are contingent on you completing job training or an educational degree, the payments might end at the conclusion of the predetermined milestone rather than when you begin to make more money.
The Benefits of Hiring an Experienced Divorce Lawyer
When you have a respected legal representative by your side advocating on your behalf, your rights can be protected. A divorce lawyer can argue your case in front of the Judge and provide the documentation needed to increase the likelihood of the outcome you desire for alimony.
It is possible to avoid divorce court by negotiating an alimony agreement with your spouse with the help of a divorce lawyer. This can save you time, money, and aggravation. In the process, you can avoid interacting with your spouse by permitting your lawyer to communicate directly with them or with their lawyer.
A Divorce Lawyer You Can Count On
To learn more about how alimony lawyers can help you seek alimony, call a law office today to schedule a consultation.