Temporary alimony also called pendente lite alimony can be granted while the divorce is in progress, to help until the divorce is final. When the divorce becomes final, there may or may not be an order for alimony after the divorce. If alimony after the divorce is awarded, that amount could be higher or lower than the temporary amount.
What is separate maintenance? Separate maintenance is financial support paid from one spouse to the other while they are still married to one another. The court will order separate maintenance only if the spouse with money fails or refuses to support the other spouse and the other spouse is in "genuine need. What is the purpose of alimony? What do I do if I want alimony?
You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
Click here for a Complaint for Divorce that you can fill out on the computer. It includes a section where you can ask for alimony. You will still need to file it with the court after you fill it out. What if I don't ask for alimony during the divorce, but later I decide I need it? What do I do if my spouse wants alimony but I don't think I can pay, or I don't think he or she needs financial support from me?
Can men ask for alimony? Either spouse can ask the court to award alimony. How long can I receive alimony? You and your spouse can agree to include the length of your alimony arrangement in the court order. If you do not agree, the judge will decide what is appropriate for your situation.
Indefinite alimony or permanent alimony lasts until either spouse dies or until the court determines that alimony is no longer appropriate. If you have questions regarding divorce proceedings and alimony, please contact the Kendrick Law Group today at , and our experienced attorneys will help you! Kendrick Law Group. Alimony After Divorce. Recent Posts See All. Post not marked as liked. Kuroda, 87 Haw. The bottom line: The courts in your state may or may not have taken a stand on this and many similar questions.
There is plenty of room for disagreement. Find out your state's position, either through a lawyer or on your own. Depending on what you find, it may be a good idea to retain an experienced family law specialist to represent you. Without at least that amount, it seems to me that a wage earner has little incentive to go to work every day. I have never discussed this "rule" with other judges, but I would expect that many—although not all—would agree with the reasoning.
But doing it as a veiled threat—"If that is all you are going to leave me, I might as well quit my job and move to Brazil" —would be a mistake. Most judges don't take kindly to those sorts of threats. Instead, try being a little subtle about it, such as: "The amount my spouse is asking for leaves me with less than half of my paycheck each month. As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn.
When facts such as these occur, the person who has changed jobs will usually be expected to present evidence on why personal factors such as stress made the change necessary. Sometimes a psychologist is called as a witness to back up the need for the change. The person opposing a reduction in support may succeed by showing that the lifestyles of those who are being supported will be severely affected by the loss of substantial alimony payments.
Court decisions in this area will often depend on the precise wording of the state law on alimony and the court's appraisal of the good faith of the supporting spouse.
0コメント