Apr 28, 2015, Updated May 25, 2015
If you are facing a divorce, it is becoming more common for a spouse to “support” another based on a few factors. Do you make substantially more than your partner? How long was your marriage? What are the terms of your separation? As with any legal issue, many factors will substantiate a judge’s orders. Contact the Steidle & Gordon Attorneys at Law today for your free consultation.
As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you.
If you expect to pay alimony
The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but — for reasons you didn’t anticipate — didn’t.
If you expect to receive alimony
The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn — which is not necessarily what you are earning at the time you go to court — how much your spouse earns, and your standard of living during the marriage.
If your spouse refuses to pay
Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payor to show that it means business.