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Alimony Lawyer: Everything You Need To Know Before Hiring One
Marriage is a beautiful journey. Sharing your life with someone else whom you love is a celestial feeling. But all the time, things do not happen the way we want them to be. So, divorces also happen after marrying your love.
I believe you know the importance of getting the best divorce lawyer, who will make the whole process much simpler for you. But when it comes to alimony, you will need a different expert, as not all divorce lawyers are an expert in this particular area of law.
Here, in this article, I will discuss a legal expert, or alimony lawyer, who has the skills, experience, and knowledge to assist you in getting your alimony. But before that, we will have some basic ideas about alimony.
What Is Alimony?
When looking for the proper meaning and definition of alimony, our article will most definitely be of help. However, let us begin by saying that there is no specific definition that is accepted in all spheres of law.
Alimony is the legal term that defines spousal support. It is the support from one spouse to another after the marriage has come to an end. Alimony is usually the result of a divorce.
After the divorce order comes from a court of appropriate jurisdiction, the execution of alimony payment starts. The court can order one spouse to pay alimony to the other after the divorce or separation proceeding is over.
The purpose of alimony is to help the spouse who has a financial disadvantage in the marriage. For example, if a person has low earnings and was used to a certain lifestyle during the marriage. Now the court may order the spouse having higher earnings to pay financial support to the one earning lower.
Alimony or spousal support is a way to address economic disparities after a divorce. It is especially helpful in cases when one spouse is financially dependent upon the other.
Types Of Alimony
Alimony for support can be of various types. The types field depend on the circumstances of the case. Divorce laws, along with spousal and child support laws can vary from one state to another. So let us look at the different types of sprousers support according to jurisdictions.
Type 1: Pendente Lite
This is also called temporary alimony. It is the type under which the court orders the lower-earning spouse to get support. The support is to meet immediate expenses according to the standard of living.
Type 2: Rehabilitative Alimony
This is the kind of alimony that goes to the lower-earning spouse when they are under education, training, or rehabilitation. It is to help them through the self-development stage. Through this type, the court ensures that the lower-earning spouse eventually becomes independent to financially support themselves.
Type 3: Permanent Alimony
This is a kind of long-term support. The court orders permanent spousal support to a spouse who is unable to support themselves due to health reasons or age.
This type of support can continue till the other spouse gets married or dies.
Factors Determining Alimony
Arrangements for spousal support depend on factors like:
- How long has the couple been married.
- Economic needs of either spouse.
- Standard of living before the divorce.
- Employment opportunities and qualifications of either spouse.
- This spouse’s capabilities to earn for themselves and their family.
How Does Alimony Work?
Judges indeed have to follow state law while awarding alimony. They have to judge whether alimony will be appropriate or not. When it comes to alimony, every judge has a lot of discretion in deciding how and also when one has to pay the alimony.
You might not know that alimony also can be paid on a temporary basis for supporting a spouse only when the divorce is still pending. It also can be permanent while it is a part of the particular divorce decree.
If you are thinking of alimony payments, here are the forms below.
- Monthly or periodic payments.
- A property transfer.
- A lump-sum payment.
In general, both the property transfer and the lump-sum alimony are not modifiable. It means they can not be either changed or undone/terminated later. The form of periodic alimony can be changed only when there is any significant change in the circumstances of one or both spouses.
Courts Deciding Alimony
If you want to know how the courts decide on alimony payments of one spouse, the answer will be different for different states. Here are the things judges have to evaluate in most of the states.
- During the marriage, the standard of living?
- In the divorce, the way property has been divided.
- Debts, assets, and income of every spouse.
- The ability to maintain a similar lifestyle as the supported spouse without any support.
- Age and health of every spouse.
- The contributions, which were made by one spouse for the education, training, and career advancement of the other one.
- Any other factors, which might seem relevant to the judge.
In case you are the spouse, who is asking for support, the court will have a closer look at the current income of yours, or the ability to earn, in case you are not working at present. So for handling all these things, you will need an expert; here, the expert is an alimony lawyer.
Who Is An Alimony Lawyer?
Do you know what a spousal support attorney is? An alimony attorney and spousal support are the same professionals. After or during your divorce, when you are trying to negotiate the alimony amount, you are actually trying to change a pre-decided amount.
So, during the negotiation, having a lawyer will always help you get a profitable deal. The legal practitioner will also help you to go through the legal lawsuit in case your partner does not agree to pay you the desired amount.
The Role Of Alimony Lawyer
From the above discussion, I hope you get the idea of the role of an alimony attorney. They are responsible for presenting you when you are trying to negotiate with your partner about the alimony amount.
In case things do not work in your favor, the alimony lawyer can take you and your partner through a lawsuit and negotiate the deal in a proper way, which might bring you the desired result.
Cost Of An Alimony Lawyer
Usually, most of the attorneys charge on an hourly basis. However, it varies from lawyer to lawyer. In case you are taking your case to court, the alimony attorney might charge you more than usual.
It will take more of their time, energy and include a lot of paperwork, which automatically increases the cost of the lawsuit. Apart from that, the rates of your alimony attorney also can be different on the basis of the place where you are living and in which court the case is being represented.
The Need Of An Alimony Lawyer
You might be thinking that when the whole alimony is related to divorce, your divorce lawyer will be able to handle the case. But remember, every divorce case does not go through a lawsuit.
So, every divorce lawyer can not be helpful for you when you are going to negotiate with the alimony amount. This is when the need for an alimony lawyer comes into action. The specialist is not only skilled but also experienced in conducting negotiations.
By hiring an alimony lawyer, you are actually increasing your chances of getting a better deal or settling for alimony, which will be more beneficial than settling with a deal your ex-husband is offering.
Frequently Asked Questions (FAQs)
I have tried to cover all the essential information about alimony and alimony lawyers. Still, in case you have any further doubt about alimony when you are getting a divorce, you can let us know, we will try to come up with a reliable solution as soon as possible.
But till then, here are some most common questions, which might help you to clear out the fog of questions from your head. Let’s check them out.
When you are owed a considerable amount of alimony, and at the same time, your spouse is not willing to pay it, you should always take help from an experienced alimony lawyer. The legal professional will be able to assist you in filing a legal action in order to enforce alimony.
Drop the thought of doing everything by yourself because there are a lot of things to handle. Plus, when the court announces the judgment in your favor, your alimony lawyer will also ensure that your spouse is actually paying it.
If you do not want to pay alimony, there are some excellent strategies you can try. Seeking the help of an alimony lawyer, you will be able to win the case and not need to pay the alimony, but at the same time, knowing all these strategies will help you a lot.
➡ In the first place, avoid paying it.
➡ Proof your spouse’s adulterous.
➡ Change your lifestyle a bit.
➡ End the marriage as soon as possible.
➡ Always keep tabs on the relationship of your spouse.
➡ Get a judge to determine the working fitness of your spouse.
➡ Prove your spouse does not need it.
➡ If your spouse does not have custody, they might not get alimony.
➡ Put a full stop on alimony payments.
I have already discussed this in detail about this one. Still here, I am mentioning the three types of alimony once again for you.
➡ Permanent spousal support.
➡ Rehabilitative spousal support.
➡ Temporary spousal support.
In case your ex is not paying you alimony, the very first thing you should do is return to family or divorce court with the help of the best alimony lawyer. However, your former spouse or ex might continue disobeying the order given by the court about paying you alimony. In case the scenario is this, the judge will institute a charge against your former spouse of contempt of court.
Get An Alimony Lawyer
When you are about to claim alimony, or you need it, it is always beneficial to hire an alimony lawyer from the very first. The professional will handle all the legal complications on your behalf. You also have to ensure you are choosing the best lawyer.
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