When divorcing spouses are not equal, alimony or support becomes an issue.There is no alimony awarded where the spouses are equally rich.Knowing what types of alimony your state recognizes can help you structure your divorce and make it less likely that you will have to pay alimony.
Step 1: Don't hesitate to consult an attorney.
There are a variety of small details that may affect your case.Judges have the ability to make decisions.If you can, you should hire a local attorney.If you can't afford a full-service attorney, consider consulting one for unbundled services.Preparing documents, coaching you through the court process, and teaching you the law are all unbundled services.
Step 2: Take a look at your statutes.
The legislature wrote the laws that the judge is supposed to follow.You should read the statutes pertaining to domestic relations.You can find a link to the statutes on the websites of your legislature, the highest court in your state, and the governor's office.You should be told the types of alimony recognized in your state, the requirements for each type to be ordered, and the conditions under which an alimony award can be modified.
Step 3: Search for case law.
When judges make written rulings on cases, case law is used to define and interpret statutes.At the bottom of the section, case law will be annotated.Every state has a searchable database of case law.If you need further information about a word or phrase, look for it in the law.
Step 4: There is a pre- or postnuptial agreement.
Any alimony or support can be determined by an agreement prior to divorce.The agreements will likely be followed at the time of divorce if you comply with state law.If a spouse qualifies for public assistance, the agreement will usually be set aside.They must be in writing and both parties have the chance to seek legal advice before signing.
Step 5: Determine the payors ability to pay.
Most states require the court to determine if a person has the ability to pay alimony.The total of all support payments can't exceed a certain percentage of the payor's income according to some state laws.Alimony to be paid as a result of the current relationship is one thing that courts consider when determining ability to pay.
Step 6: There is need for lump-sum alimony.
A lump-sum alimony is a one-time payment made from one spouse to the other.The need of the recipient is based on fair compensation for a property settlement, lesser earning capacity, or other items.Unlike other forms of alimony, lump-sum alimony can often be discharged in bankruptcy.
Step 7: Estimate rehabilitative alimony need.
It is designed to give the receiving spouse time to establish themselves in the workforce.Any education that is necessary prior to entering the workforce is included.The length of time the spouse will need to attend school or other training is one of the things that a court will consider when determining the amount of rehabilitative alimony.
Step 8: There is a need for alimony reimbursement.
Reimbursement alimony reimburses one spouse for a contribution made to another spouse.The spouse must not have had the chance to realize the benefit of the contribution.One spouse puts another spouse through school, and the other spouse divorces soon after graduation.
Step 9: There is a need for permanent alimony.
Permanent alimony is not as common as it used to be.It is only awarded for a marriage of long duration in which one spouse was primarily the homemaker.The prospects for rehabilitation are slim because the nonworking spouse has no skills.Even though permanent alimony is called permanent, it can be stopped for a number of reasons.
Step 10: Estimate the need for temporary alimony.
Alimony pendent lite is support one spouse pays to the other while the divorce is pending.Until the court makes permanent orders regarding property settlement and any other support, this is to help maintain the standard of living.The incomes of both parties are considered when setting alimony pendent lite.
Step 11: Consider a swap.
Your spouse may be willing to accept a larger property settlement if you are divorcing.Other issues are important to your spouse, but not as important as you.In lieu of alimony, you can offer these items.Courts can be very unpredictable if you and your spouse can agree on the issues.
Step 12: Take part in mediation.
A neutral third person tries to help parties come to an agreement in mediation.If you can't agree on your own, consider using a mediation.The mediation doesn't consider fault but only the needs of both parties and tries to put together a solution that meets them.mediation is required by most family courts.The parties can continue to court if mediation is unsuccessful.Most of the time mediation is a confidential process.It is not possible to use what you say and offer in mediation in a trial.
Step 13: You should defend yourself in court.
If your spouse asks the court to award alimony, you will have to argue your case.To do that, you need to know what type of alimony your spouse requested.You will need to present evidence and witnesses that will convince the judge that your spouse does not need alimony or that you do not have the ability to pay it.