How Long Does Alimony Last
How long general term alimony lasts usually corresponds with how long the marriage lasted.
- Alimony cant be required for more than 50 percent of the number of months you were married. For example, if you were married for 60 months, you could be ordered to pay or receive alimony for up to 30 months.
- Alimony cant be required for more than 60 percent of the number of months you were married.
- Alimony cant be required for more than 70 percent of the number of months you were married.
- Alimony cant be required for more than 80 percent of the number of months you were married.
- The court can award alimony for as long as the judge thinks is fair.
Alimony also normally stops if:
- Either spouse dies
- The spouse receiving the alimony gets married again. If youre receiving alimony and begin living with a partner for at least 3 months, your alimony can also be reduced or stopped.
- The spouse paying the alimony reaches full retirement age .
Judges can choose to continue alimony for a longer period of time if theres a good reason. If alimony is supposed to end, but you feel you need to receive alimony for longer, you can file a Complaint for Modification. The court may give you an extension if you have:
- A material change of circumstances after your alimony was decided
- Reasons for the extension that are supported by clear and convincing evidence
The Basics Of Alimony
Alimony awards are spousal support payments that one spouse makes to another during separation and after divorce. If spouses can agree upon alimony payments between them, then judges do not have to decide whether one spouse is entitled to receive alimony. Spouses who are not able to agree usually seek legal help and resolve their alimony disputes in court.
Most courts that award alimony payments award only rehabilitative or temporary alimony. Rehabilitative alimony payments stop when the spouse receiving alimony is able to become self-sufficient, marries again or the agreement naturally terminates through death of either party. Courts can consider fault, incomes between the spouses, education levels, age of the spouses and length of the marriage when awarding alimony.
Does The Court Discriminate Based On Gender When Ordering Spousal Support
The family law judges in Hemet, California are not allowed to discriminate based on gender for any issue involved in a divorce or legal separation case, including when spousal support is at issue. The United States federal law as well as California law ensures that biases regarding gender is to be avoided. Additionally, our partners have sat as Judge Pro Tem for the Superior Court in California, and as a result they were required to participate in training and ethics to eliminate bias based on race and gender. All judges sitting in courts throughout California are required to participate in this training. Notwithstanding this required training for judges, they are human and natural bias or discrimination may play a role in their decision-making. It is helpful to hire a lawyer that knows the judges tendencies with respect to ordering spousal support before litigating a case.
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Can I Modify The Type Of Alimony After My Divorce In Florida
Whether you are the party paying or receiving alimony as part of your final divorce decree, there is a good chance that your circumstances will change in the months and years that follow. Florida divorce laws do allow you to modify spousal support if you meet certain criteria, but many people focus on the amount when seeking to make changes. There may be some confusion over whether you can alter any of the four types of alimony in Florida:
Like many issues in divorce, there is no clear Yes or No answer on whether you can modify the type of alimony. The specific circumstances of the case will dictate your options, so it is important to consult with a Dade City alimony attorney. A few points should also be helpful.
Review the Original Alimony Order
Nonmodifiable Alimony in Florida
There are two ways that spousal support will not be subject to change after divorce:
When the courts order specifies that alimony is nonmodifiable, there is little that either party can do to make changes.
Process for Modifying Alimony
How Do I Get Spousal Support
You need to ask for it in your complaint. You can make this request in the “other” section of the FLSHC divorce complaint.
However, if you want to ask the court for some support before your divorce is final, you must ALSO file a motion asking for “Interim Spousal Support.” Choose one of the two options for forms below depending on whether you also are asking for interim orders about children:
Rehabilitation Support For rehabilitation support, you must state your work goal, what school you plan to go to, and how long you expect to be in school. The court might want to know how much the program will cost and see your class schedule to show you are signed up. This type of support usually lasts for the time it takes to finish school or up to four years. If you do not use the money to go to school, your ex can go back to court and ask to stop paying you.
Reorientation Support If you want reorientation support, you need to show why the property division will not meet your needs. Things to think about are:
- whether your spouse makes a lot more money than you
- whether you can’t work
- whether you haven’t worked in a long time, or
- whether you took care of the kids instead of working outside the home.
This type of support usually lasts for a year at the most. The court doesn’t usually give reorientation support but may when the property division doesn’t meet a party’s needs.
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Considerations When Awarding Post
When judges are deciding whether to order alimony payments after divorce, they generally must start out by deciding whether one spouse needs support and whether the other spouse has the ability to pay that support. Most states spell out a number of factors judges should consider when making that decision, such as:
- the couple’s standard of living during the marriage, and the extent to which each of them could maintain a similar lifestyle after divorce
- each spouse’s income, assets, and debts
- how much each spouse will get when their property is divided
- whether one spouse has a lower earning capacity because that spouse was unemployed for periods of time while taking care of the family
- the length of the marriage
- each spouse’s age and health
- contributions either spouse made to the other’s training, education, or career advancement, and
- any other factors the judge thinks are fair.
Also, many states allow judges to consider a history of domestic violence or other misconduct on the part of one or both spouses when they’re deciding whether to order alimony. But one factor that’s generally not under consideration: which spouse filed for divorce. You may request spousal support when you file for divorce. And if your spouse was the one who started the divorce process, you may ask for alimony .
Remember, not all of these considerations apply in every state. For instance:
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.
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Reserving Alimony For Future Date
Spouses who cannot agree to alimony payments can circumvent the general release provisions by reserving their rights to determine alimony payments at a future date, pending resolution between the parties or resolution through litigation. In many states, unless issues are preserved for future determination or after the final decree, then all other marital issues are deemed waived through the divorce hearing or entry of divorce request since official divorce decrees automatically bring all marital issues before the court in these states.
Opposing A Spousal Support Award In Washington State
If you are opposing a spousal support award, then you should likewise act in a way that maintains your credibility with the court and with the other party. For instance, it is probably not a good idea to buy a new luxury car in the middle of your divorce while simultaneously pleading poverty. I know this sounds obvious but based on the conduct of many litigants, it appears this fact is not readily apparent to a substantial portion of the population.
When it comes to spousal support claims, the best strategy for both parties is to take a reasonable position, communicate the basis for the position to the other side and the court, and to then act in conformity with the position.
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Changing Or Terminating Alimony
The next most important question is, can alimony be modified or terminated, and the answer is yes, alimony can be modified or terminated.
Some of the things that can be modified are
- The amount of money that is being given out.
- The duration of time that is being taken,
There are two ways for you to get alimony. You and your spouse can agree on the alimony and decide on the adjustments that need to be made. After agreeing, you will then make a written agreement and finally take the issue to court and ask the judge to make the new agreement a formal order.
The other method is when you two disagree on the terms and opt to go to trial to settle the matter. One party is normally looking for there to be termination of the alimony while the other seeks to get alimony. Once a court order is given, you realize that to change anything, including termination the court has to give another order. However, if you agreed on a court order and are deemed non-terminable, this removes any right to terminate the alimony until the set time has passed. This is can only be affected by the death of the spouse who is being supported, since the spouse no longer has claim to the alimony payments.
New York Alimony Frequently Asked Questions
What Is Alimony?
Alimony is the money one spouse may pay another upon divorce according to a court-sanctioned agreement or a court order. Today, alimony is usually paid in only about 10% of all cases. Alimony is referred to in New York statutes as spousal maintenance.
Can I Get Alimony if We Have Not Filed for Divorce?
A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. However, this is usually not referred to as alimony.
Can Alimony Only Be Awarded to Women?
Either a man or a woman may be awarded alimony depending upon their individual circumstances. However, men are alimony recipients in only about 3% of the cases nationwide.
How Does a Judge Decide How Much Alimony to Give One of the Spouses?
A few years ago, New York revised the statute that governs alimony in an attempt to make alimony awards more consistent from case to case. Judges now begin their determination by using a formula based on the incomes of the parties. The formula for cases that involve child support is somewhat different from those without child support.
What Does the Court Need to Know About My Finances to Determine Alimony?
Can I Get Alimony Before My Divorce Is Final?
Can I Ask a Court for a Change in Alimony Later?
How Long Does Alimony Last?
Is Alimony Ever Permanent?
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Legal Separation vs . Divorce : Pros and Cons. Falling out of love and deciding you no longer want to be with the person you married sets in motion a series of important decisions that will define the nature of your life going forward, both in the short term and the long term.
Yes. You can receive spousal support before the divorce is final. Typically, prior to the divorce being finalized, support is called pendente lite support . Pendente lite support may reference a portion as being spousal support and a separate portion being child support, if applicable.
Nevada Child Support And Custody Packet Step 4: The next document is a cover sheet which provides a brief of overview of the people involved in your case and the issues involved However, local state Child Support Enforcement agencies may fall under Health and Human Services, Social Services, the Attorney General’s Office or the Department of Revenue Why You Need It:.
How The Amount Of Alimony Is Determined
Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support. If it is ordered, the family law judge also decides how much and for how long.
The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are based, recommends that courts consider the following factors when arriving at a :
- The age, physical condition, emotional state, and financial condition of the former spouses
- The length of time the recipient would need for education or training to become self-sufficient
- The couple’s standard of living during the marriage
- The length of the marriage
- The ability of the payer spouse to support the recipient and still support himself or herself
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Temporary Alimony And Spousal Support
What is post separation support?
One reason for filing for divorce is so the court has authority to award temporary support until the divorce is either settled or tried. Tennessee courts have authority to award temporary alimony, child support, and attorneys fees while a divorce case is pending. In most divorces, the primary goal of temporary support is to make sure that the status quo is maintained and existing mortgages and bills are paid.
Can I be awarded alimony before the divorce is final?
Maybe. While the divorce is proceeding, temporary alimony may be awarded. This is accomplished by a hearing on a motion for temporary support, commonly described as pendente lite support. Child support and attorneys fees may also be determined at this hearing. The temporary alimony order ends when the final judgment for divorce is entered.
How long does it take to get temporary alimony?
That depends upon the county and the court procedure. In some Tennessee counties and courts, temporary support hearings can be set within a week or two. In others, it could take a month or longer. Check your courts website and local rules for more information. To keep legal costs down, spouses are encouraged to work through their lawyers to try and resolve these and other issues.
How is the amount of temporary alimony determined?
Can you give an example of temporary alimony?
Does dating affect temporary alimony?
Must a divorce be filed before temporary alimony can be awarded?
Do I Have To Pay Spousal Support If My Ex Has A Job
If you are headed fordivorce, you will likely be concerned aboutproperty and debt division, child custody , and naturally spousal support. Will you have to pay it, and if so, for how long?
In New York, spousal support is money that the higher-earning spouse pays to the lower-earning spouse while they are still legally married. 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. Maintenance is also called “alimony” or “spousal maintenance.” The amount and duration of maintenance is at the discretion of the judge and is awarded on a case-by-case basis.
If you are the higher-earning spouse and your husband or wife is gainfully employed, you may be wondering if the court will still require you to pay spousal support and maintenance.It depends.
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Divorce Decrees And Alimony
Generally, before issuing a divorce decree, most courts require parties to resolve all pending marital and property issues prior to seeking a final legal resolution. Divorce orders or divorce decrees will typically merge or incorporate the spouses separation or property settlement agreement into the final divorce decree.
Most divorce attorneys will specifically address the issue of alimony as a separate provision in the property settlement or separation agreement. If the parties do not address it, then most contracts have legal waiver provisions stating that if the alimony issue or any other issue is not resolved and integrated into the final divorce decree, then parties waive their rights to request it subsequently.
Contact An Experience Family Law & Divorce Attorney Today
At Tommalieh Law, Family Law Attorneys we value the attorney-client relationship. If possible we advise our clients to have a settlement negotiation when filing for a divorce petition. A divorce mediation collaborative family lawyer who is as well a skilled negotiator can help you get better terms in regards to your financial circumstances, property division, and child custody. In instances where there is a history of child abuse, family violence, or irreconcilable difference you may need to proceed to trial. We are ready to go to court and represent you if the alimony arrangement is unfavorable.
Call us at and talk to an Orland Park, IL divorce attorney about any alimony issues or alimony questions that you may have. We want to help with your alimony situation and help ensure that your alimony obligation is being met. Come to us if you want an alimony dispute resolved and let us help you get better alimony terms. We represent clients in the greater Chicago area and our office is conveniently located in Orland Hills, IL.
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