Spousal support or alimony maintains a person financially after a divorce. However, not every spouse is entitled to the payments. Specific factors determine whether you will receive alimony.
On that account, a judge can only order the support under certain circumstances. If you are filing for spousal maintenance, hire a divorce attorney in your area to guide you throughout the process. Learn about the requirements you need to satisfy to get alimony.
Marriage Term
The duration of your marriage is crucial in determining whether you qualify for an alimony award. Typically, if the marriage lasted for less than two to three years, you aren't suitable for spousal maintenance. Unions with a lifespan of at least five years have a higher chance of requesting monthly support from their former spouses.
However, you can still get support after a short-term marriage if you signed a prenuptial agreement. Also, it is possible to receive alimony if both parties agreed to a maintenance fee after divorce.
The Income of Each Spouse
If both spouses are self-sufficient financially, there is no need to seek alimony. Those who don't have a sustainable income have a right to the monthly payments from their exes. However, you ought to demonstrate to the court that you will suffer economically if you can't access the funds. This is where a divorce lawyer steps in to assist you in tabling the evidence.
For instance, if a spouse left work to care for the kids or become a homemaker, they direly need the support. The limitation comes when you have the right skills, education, and work experience to bounce back to the job market. In short, your employability expertise will disqualify you from the alimony because you can make money with sheer simplicity.
Physical and Mental Health Problems
People with mental and physical health conditions are good candidates for alimony. The rule applies since they can't take care of themselves. Therefore, they need the money to sustain their lives after a divorce.
The following mental and physical health conditions qualify for alimony:
- Disabilities
- PTSD
- Depression
- Anxiety
The maintenance might get terminated once the spouse regains their wellness and has the capacity to earn a living.
Shared Assets
Shared assets, including property or business, play a pivotal role when seeking spousal support. The good news is that equitable distribution applies to shared assets.
With the help of a divorce attorney, list your belongings and their worth for a seamless process. If one spouse is heavily indebted, it will affect the payments. All in all, assets are split fairly.
What do family lawyers really do? Most people know that they help clients in divorce proceedings, but this is only a small piece of their job. These attorneys also help draft custody arrangements, create adoption contracts, formulate prenuptial agreements, and designate alternative guardianship of kids in situations of abuse. As you can probably guess, working as a family lawyer requires tact, compassion, and an endless drive to do good. We are passionate about the work that these attorneys do, which is why we chose to write about that work on this blog. Our hope is that in reading these articles, you will also develop an improved understanding of family law.