| Facts You Need to Know About Alimony |
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If you're facing a divorce, there are some things about alimony you should know in order to better understand the situation. It may seem unfair in one light, correct in another. If you are going to receive alimony payments, you may be curious as to how this works, how much you get, and for how long. If you are going to be paying your spouse alimony, you may wonder why, how much, and long this will go on. Why Alimony? Alimony is alive in the U.S. justice system. There are many cases of divorce ending with a settlement in court via alimony. The reasons are many, but if you make more or significantly less than your spouse, alimony may be part of the divorce. This is not a lifetime situation in any case. Sometimes the spouse does not attempt to earn money on their own for a long time, and the court deems that they are not trying to support themselves. Or perhaps one spouse remarries, whereby all alimony payments stop. The point is to support a spouse better from a break. It makes sense: without alimony, many would be forced to stay in marriages, some who had invested time into the relationship with support would get nothing, and in some cases the parent who spends the most time with the children is overburdened. How long for alimony? It was hinted at that alimony is not a lifetime situation. If you cannot settle alimony payments outside of court --which could save you much in legal fees -- they will quite often be settled by lawyers and a judge. The judge will sometimes set a period of when alimony payments will continue, such as a few years. In other cases the alimony will stop due to the spouse receiving payments remarrying. If you receive alimony but the judge feels you've made no effort to secure your financial situation, a judge can stop the payments. There are many other eventualities where alimony can and does stop, such as death or a child becoming an adult. The important thing is to hire professional representation if you cannot settle out of court. Is it fair? Alimony is designed to be fair, but it doesn't mean you are a bad person for divorcing. It's simply a law designed to support spouses who have no financial resources, especially if there are children involved. What does it cost? The best solution for both is to settle an alimony payment out of court, if not making it clear during the marriage. If you have to go to court, the lawyer fees can bankrupt you both. Of course, most court cases are short, but if they drag on it could cost you a lot of money. What if they refuse to pay? This is against the law, and you can file with the courts. In some cases, if the former spouse does not start making payments, they can go to jail. You need to contact an attorney immediately in this situation. Is an attorney worth it? Even if you have agreed out of court on the details of alimony, having an experienced divorce attorney to look over the documents can save you valuable time and money. If there are mistakes in the agreement, an attorney can find them. If you and your spouse have yet to agree, the attorney can offer options. And if you have to go to court, an attorney is invaluable. |
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