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You are here: Home / Practice Areas / Alimony

Alimony

An Alimony lawyer can help you collect, or arrange for spousal support. Alimony is a payment that the earning spouse can make, if able, to support the financial needs of the spouse who has the lower income.

The court considers the following factors to determine the appropriate form of Alimony and to set the amount and duration of support:

  • The length of the marriage
  • The health of the spouses
  • the income of the spouses
  • The spouses employment and employment potential
  • The couples standard of living and lifestyle: established during the marriage
  • Each spouses economic contribution to the marriage
  • Any loss of economic opportunities that either party had due to the marriage
  • Any other factor the court thinks is relevant

The Alimony Reform Act of 2012 provides for several different types of alimony:

1.) Rehabilitative alimony

Rehabilitative alimony is awarded to allow a spouse to become economically independent through job training or gaining employment. This alimony cannot last more than five years, and terminates upon remarriage of the receiving spouse. Our Alimony Attorneys can assist you with the complicated process of obtaining Rehabilitative Alimony.

2.) Reimbursement alimony

Reimbursement alimony is for contribution to the financial resources of the payor, as in cases where the payee supported the payor while he or she obtained a professional degree. However, this kind of award is available only to those who have been married five years or less.  For marriages of this duration, transitional alimony is also allowable, for the purposes of allowing the payee spouse to adjust to a new lifestyle or location as a result of the divorce. Your alimony attorney can help with the complications here.

3.)  General term alimony

General term alimony is a periodic payment that doesn’t fit into the other categories, but is a form of Alimony allowed in longer term marriages.

Major Changes In Alimony

There have been many recent changes in the laws. It is important that your alimony lawyer is up to date on them all. Alimony is not child support, follow the link for more about that.  There are now limits on the length of time you can receive Alimony based upon the length of marriage and type of award. Consult one of our Alimony Lawyers for more information on this concept.

Under five years

For couples married less than five years, alimony can be no longer than 50% the months of the marriage (ex. If married two years, alimony can only last for one year maximum).

Between five and ten years

For couples that were married between five and ten years, alimony can continue no longer than 60% of the months of the marriage.

Between ten and fifteen years

For a marriage between 10-15 years, alimony can be paid no longer than 70% of the marriage. Alimony Attorneys often negotiate these terms, in relation to Child Support payments.

Fifteen to twenty years

A 15-20 year marriage means payments cannot last more than 80%  of the number of months of the marriage.

Over twenty years

For marriages over twenty years, indefinite payments are permitted, however, the Act also contains a provision that mandates that general term alimony be terminated when the payor reaches the full retirement age (but is not necessarily retired). Retirement age is determined by The Social Security Administration, and is not the age when you would like to or planned to retire. You can make Alimony a part of your Estate Plan.

If you need an Alimony Lawyer, or just have Alimony questions  fill out the form below today to set up a free consultation with one of our alimony attorneys.

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