limony can be one of the biggest topics in question when it comes to the divorce process. Many people going through a divorce may ask, which spouse pays alimony? Does alimony even have to be paid? Read on to find out more.
What Is Alimony?
Alimony, also known as spousal support, is financial support paid from one spouse to the other after the marriage has been deemed legally ended. There is also something called temporary alimony that is granted during divorce, but this form of financial support is only during the divorce process and ends soon after.
Who Pays Alimony?
Determining what spouse ends up paying alimony can vary per case. Alimony may be an agreement created by spouses in the middle of the divorce process, but if the soon-to-be ex spouses cannot come to an agreement, then the alimony agreement is decided by a judge in court. Alimony is generally paid by the spouse who has a higher income, but there are also a number of considerations made while deciding who pays alimony. Factors considered include:
- How much money each party earns per month
- What each person’s reasonable expenses are going to be after the divorce
- What spouse has the most financial need
When To Apply For Alimony
To file for alimony, you must file during the divorce process. You cannot file after the divorce has been finalized.
How Long Is Alimony Given?
The time length of alimony support varies by the court order. You and your spouse can agree to the time length through negotiation, but if you cannot come to an agreement, then a judge in court will do so. Indefinite (or permanent) alimony is usually distributed until the ex-spouse dies or the court determines alimony is no longer necessary. Time-limited alimony lasts only a limited amount of time, for example, such as the time needed to allow the other spouse to find a job to provide for their financial means.
Who Can Ask For Alimony?
Either spouse can ask for alimony, it does not matter. All that matters is that financial need can be proven, and other factors that are taken into consideration include length of marriage, age of spouses, lifestyle established during marriage, physical and mental condition of each party, and your ability to support yourself in the future, along with time it would take to look for employment, training, etc.
Looking For A Divorce Lawyer In Carlsbad?
Divorce can be a long and tricky legal road to navigate. If you are looking for a qualified divorce lawyer in Carlsbad to represent your divorce, as well as aid you with providing more knowledge regarding alimony, child support, custody, and other legal issues that may arise from divorce, then look no further! The Law Offices of Marc Duxbury will connect you with a professional legal representative that will make sure to be in your corner offering support and unmatched legal advice every step of the way. Call now to book your consultation!