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Am I Entitled To Alimony

Factors That May Impact A New Jersey Alimony Decision:

Am I Entitled to Alimony?

Is alimony appropriate in your divorce?

If your divorce will cause economic hardship, you may want to consider a request for alimony. Melinda M. Previtera and her team are happy to discuss your options and help you work out the right solution for your family. Call us at 856-942-0150 to request a telephone consultation.

Are You Entitled To Alimony

Going through a divorce can wreak havoc on your finances, particularly if your spouse earned the bulk of the income in your marriage. Getting the maximum amount you are entitled to in divorce proceedings plays a key role in your ability to move forward. Depending on the circumstances, you may be entitled to spousal support, otherwise known as alimony. An experienced divorce attorney can help you determine whether you are entitled to these payments and the amount you are likely to be owed.

Frequently Asked Questions About Spousal Support In Temecula Ca

Spousal support is one of the more bitterly contested issues in family law cases, along with child custody matters. People do not like to pay spousal support to their soon to be ex-spouse. Spousal support may be litigated during a divorce, legal separation or even a nullity case, at the of the divorce or legal separation, or anytime after the conclusion of a divorce or legal separation case so long as the court has retained the power to order spousal support. For more information about spousal support, .

Can the court order spousal support or alimony during an annulment/nullity case?

Yes. The family court has the distinct authority to grant a request for temporary alimony during the pendency of a nullity case. The reason is because it is not certain that the nullity will be granted and the court may ultimately only grant a divorce or legal separation.

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Can The Riverside Family Court Modify A Permanent Spousal Support Order

In most circumstances the answer is yes. So long as the court has the power to order spousal support and the current spousal support order is not non-modifiable, the court may enter a modification. However, there must be proven some change of circumstance warranting modification, such as a change of employment for either spouse, material change in the income of either party, loss of health insurance, or other similar types of changed circumstances. If parties agree that an award of alimony is non-modifiable, case law specifically prohibits the court from modifying the amount under any circumstance. Only the parties can agree to modify the amount.

Can A Working Wife Get Alimony

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Every situation is different, but if you work and your income is significantly lower than your spouses, and you demonstrate financial need, you may be able to get alimony, at least for a period of time.

You may be subject to a vocational evaluation to determine if your future earning potential can increase.

If your income is currently low enough that you qualify for alimony, you may receive it for a short period until you are able to secure higher-paying employment.

Read Also: How To Not Pay Alimony

If There Has Been Domestic Violence Does That Effect Spousal Support

Yes. This issue has been the subject of several recent changes in the law. First, the occurrence of domestic violence during marriage is a factor that the court must consider under Family Code 4320 when determining permanent spousal support, so long as the domestic violence is documented. Second, Family Code 4325 states that in any case where a spouse is convicted of domestic violence against the spouse within the past five years, there is a rebuttable presumption that the perpetrator spouse is not entitled to receive spousal support.

When Do Judges Use A Formula To Calculate Spousal Support

Unlike with child support orderswhich are based on detailed guidelines for calculating the amount of supportthe amount of alimony is usually based on what the judge believes is fair under the circumstances . So while you might find websites touting alimony calculators, very few states actually use these formulas.

New York, Illinois, and Colorado are the notable exceptions to this norm. In those states, spousal maintenance is typically calculated by subtracting a percentage of the paying spouse’s income from a percentage of the recipient’s income. But even in those states, judges may still choose to depart from the guidelines when they believe the calculated amount would be unjust or inappropriate.

The use of formulas is somewhat more common for calculating temporary alimony, either as a matter of state law or as a matter of court policies in certain counties. But when a state’s law doesn’t provide a guideline, judges will use these formulas only as a starting point. They’ll still need to follow the legal requirements for considering the particular circumstances in a couple’s marriage .

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Contact Our Family Law Firm

If you are currently involved in a divorce case or are considering filing for divorce, it is important that you contact our experienced alimony attorney in Orlando to determine whether the recent changes to the alimony statute will affect your case. To set up a consultation today, contact our Orlando family law lawyers at 407-426-6999.

How Is Alimony Calculated

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Each state has its own alimony laws, so there is no standard calculation that can answer, How much is alimony? Some couples may come to an agreement on alimony, but if they cannot, a judge will determine the alimony amount that is awarded.

A judge will calculate alimony based upon each spouses current income, the paying spouses ability to pay, and the receiving spouses need.

For instance, the judge will assess the difference in income between the two spouses and consider the future spouses earning potential.

Another consideration when calculating alimony is the length of the marriage, with longer marriages being more likely to result in one party paying alimony to the other.

A judge is also likely to consider each couples expenses, any child support awarded to the receiving spouse, and parenting arrangements when calculating alimony.

Keep in mind that the difference between alimony and child support is that child support is meant to meet childrens basic needs, whereas alimony is intended to benefit the former spouse who has a lower income.

Related Reading: How to Survive While Paying Child Support

Also Check: How To Know When To Get Divorced

Duration Of Spousal Support

Spousal support may be awarded for a specified time period, or it may continue until it is modified or terminated. Some judges have a rule of thumb that they will award spousal support for half the number of years of the marriage.

Spousal support generally ends upon the death of either spouse, or upon the remarriage of the recipient. Spousal support will continue until it is modified, unless the decree states that it is non-modifiable.

During the separation period, any payments to the other spouse are generally not considered spousal-support. However, if a temporary order was issued for spousal support, and the order does not state that payments will not be taxed as spousal support, then the spousal support payments are deductible by the payor and included in the income of the recipient. In Canada, temporary support is deductible by the payor and included in the recipients income only if its part of a court order or if a temporary agreement is in place.

There is no rule of thumb in Canada that the award of spousal support is for only half the number of years of marriage, explains Holzman. While spousal support will end upon the death of either spouse if the surviving spouse was dependent on the other on the date of death, the survivor can claim dependency in Ontario and therefore claim against the estate as a dependent of the deceased, for whom the deceased ought to have made a provision in the will.

More Information On Spousal Support

This list is certainly not exhaustive, and your state may consider other factors or weigh the factors differently in determining if you are entitled to spousal support. You should consult the laws of your state to determine the factors that the court will use in deciding whether you will be awarded spousal support and how each factor may weigh in your favor.

For more information on what to expect during a divorce, contact aMcKinley Irvin divorce attorney.

Please be advised that family law cases can be very complex and are different for everyone, based on unique circumstances. The information provided here should not be construed as legal advice in your case.

McKinley Irvin proudly serves Washington State and Oregon with offices in Seattle, Bellevue, Tacoma, Puyallup, Vancouver and Portland.Contact our family law offices to set up an appointment with a McKinley Irvin family attorney.

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Keep Tabs On Your Spouses Relationship Status

If your spouse had an affair through the course of the marriage, and you have proof of such, you may be able to avoid alimony payments, but some states require you to have proof that marital money was used in the context of the affair.

For instance, if your spouse spent money on trips out of town with the affair partner or gave money to help the partner pay bills, this could be the cause for stopping you from paying alimony.

You may also see a stop or reduction in your alimony obligations if your former spouse remarries or moves in with another partner.

Knowing your spouses relationship status and state laws that apply to new relationships can be helpful if youre looking to reduce your alimony percentage or eliminate it altogether.

Fixed Term Spousal Maintenance Order

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A fixed term order is made for a specific number of years and may be either extendable or non-extendable. It tends to be used after a shorter marriage, particularly if the children are older or there are no children. Term maintenance may be paid up until a specific future event, such as the recipient being able to draw down on a pension or completing a period of re-training.

Recommended Reading: How Long Do You Have To Married To Get Alimony

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Are You Entitled To Alimony During Divorce

It is usually less expensive for a divorcing couple to draft an alimony agreement without entering a court. A mediator or lawyer for marital property can assist with this process. However, if the parties cannot agree, the issue goes to court and a judge will review multiple factors to determine an alimony payment that is considered fair. Many people are entitled to alimony during divorce, but there is a lot of discretion that rests in the judges hands, which is why any individual facing the prospect of alimony should speak with a lawyer soon.

Read Also: Divorce Attorney With Free Consultation

Are Savings Included In A Couple’s Standard Of Living

The goal of maintaining the marital standard of living after divorce might not be a problem when the high-earning spouse has enough money to cover both spouses’ expenses, even at their former lifestyle. But what about couples who agreed it was important to put away a generous slice of their income into savings, retirement accounts, or other investments? Should judges consider that habit to be a part of their standard of livingand therefore include a savings component in the amount of alimony?

If you’re fortunate enough to be facing this issue, the answer to that question will depend on where you live. Courts in different states have taken opposite views on the question. For instance:

  • California courts have long held that when a couple’s marital standard of living included savings and investments, judges may consider that as part of their ongoing expenses. As one court put it, the wife shouldn’t “be deprived of her accustomed lifestyle just because it involved the purchase of stocks and bonds rather than fur coats.” .)
  • In contrast, the Florida Supreme Court has held that alimony may not include a savings component. Even when a couple had a history of frugality and savings, the court explained that the supported spouse would receive a share of those savings as part of the property division in the divorce, so the judge shouldn’t include “speculative post-dissolution savings” in alimony. .)

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Am I Entitled to My Ex-Spouse’s Pension?

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Recommended Reading: Cohabitation And Alimony In California

Ask For A Vocational Evaluation

Alimony is often based upon a spouses future earning potential, at least to some extent.

A vocational evaluator might determine that your spouse has the ability to obtain a higher-paying job, which could reduce the amount of time during which you are obligated to pay alimony.

For instance, you may only have to pay alimony for a short period of time while your spouse attempts to find more lucrative employment.

What Determines Alimony Eligibility

Whether or not youre entitled to receive alimony depends on your circumstances. To determine if youre eligible to receive alimony, youll need to request to receive alimony through your attorney. After youve filed to request alimony, the court will look at every component surrounding your marriage that may entitle you to receive alimony. This includes the length of the marriage, your financial health during and after the marriage, your age, physical or mental health, and your reasons for seeking the divorce. In addition, the court will look at any extraneous reasons that you may request to receive alimony, including your ability to be self-supporting.

Read Also: How Long Do I Have To Pay Alimony

How Long Does Alimony Last

By its very nature, temporary alimony lasts only until the divorce is final. Some states also have absolute limits on particular types of spousal support, such as a two-year limit on “bridge-the-gap” alimony in Florida. And all alimony ends when the supported spouse remarries .

Otherwise, states have different rules for determining how long support payments will last. Often, judges will base that decision on the same considerations as when they set the amount of maintenance. Other times, state laws will provide separate rules for the duration of alimony. For example:

  • In California, spouses are expected to become self-supporting in a “reasonable” amount of time. When the marriage has lasted for less than 10 years, that generally means half the length of the marriage.
  • In Kansas, alimony may not last for more than 121 months, with rare exceptions.

North Carolina Has Two Types Of Financial Support For Spouses

Sole Parental Responsibility

Spousal support comes in two different forms in North Carolina:

  • Post-separation support is a type of temporary support thats intended to support a spouse while the court evaluates their alimony claim. Post-separation support stops if a judge grants alimony, and it can also end when any of the following things happen:
  • The date specified in the post-separation support order passes
  • The judges dismisses the alimony claim
  • The court enters a judgment of absolute divorce when no alimony claim is pending
  • The dependent spouse gets remarried or moves in with a new significant other
  • Either spouse dies
  • Alimony is more permanent than post-separation support. Usually, the supporting spouse pays alimony regularly for a specified amount of time, but sometimes alimony payments go on indefinitely.
  • RELATED: Who Gets the Dog in a Divorce? Understanding North Carolina Pet Custody Laws

    Recommended Reading: Cost Of Uncontested Divorce In Texas

    Speak To An Experienced Divorce Attorney Today

    If you are going through the divorce process and are unsure if you are eligible for alimony, you need an experienced family law team on your side to help you navigate this process, so you can obtain what you are entitled to. At the Law Offices of Elaine Stypula, our divorce attorney has more than two decades of legal experience and is committed to guiding clients through the most complex family law matters. For the personalized, one-on-one assistance you need during this difficult time, put your trust in a team that focuses on helping clients pursue and achieve a better, brighter future.

    Reach out to our law office today at 565-3800 to schedule a free initial case review with our knowledgeable and compassionate attorney. Elaine Stypula personally returns phone calls.

    How Much Alimony Will I Get In Illinois

    If you are considering getting a divorce in Illinois, one of the most important areas to address concerns ensuring your financial security in the aftermath. Adjusting to life on one income or after previously relying on your spouse as the primary breadwinner can be challenging. Spousal support payments, otherwise known as alimony in Illinois, can help. Find out whether you are entitled to these payments and how much you are likely to get.

    Recommended Reading: Pro Bono Divorce Attorney San Diego

    What Is A Gavron Warning

    Family Code 4330 states, When making an order for spousal support, the court may advise the recipient of support that he or she should make reasonable efforts to assist in providing for his or her support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable. This warning to the spouse that will receive spousal support is a codification of a warning that was issued in a case called Gavron. It essentially means that an ex-spouse is not entitled to sit back, relax and refuse to make a good faith effort to become self-supporting after a permanent support order is entered by the court. As noted, this warning is discretionary. Sometimes the court will even make this order during the pendency of a divorce case.

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