Alimony

What is Alimony?

Alimony, also known as spousal support, is a financial payment of one former spouse to another during and/or after divorce, based on either an agreement they made or a court order. The purpose of alimony payments is to even out the unfair economic effects of a divorce. This allows the lower earning or unemployed spouse to be supported while adapting to living on their own. For example, if one spouse stayed at home to care for the children and allowed the other spouse to further their career, then alimony payments would allow the unemployed spouse to get back into the work field, supported by the working spouse. Usually alimony payments are temporary. Alimony is not a right and there are no state requirement for its award.

How is Alimony Determined?

The amount of alimony depends on the financial need of the lower earning spouse and the ability to pay of the higher earning spouse. Some factors to assess this are the income and earning capacity of each spouse, the contributions to the marriage such as child care, education, career building of the other spouse and homemaking, spouses age and physical condition, time needed for the unemployed spouse to be trained, marital standard of living and the length of the marriage.

Can Alimony Payments be Modified or Terminated?

Yes. There can be modifications if there has been a major change such as the spouse making the payments loses their job or the receiving spouse obtains a job. Also, the spousal agreement may terminate if the receiving spouse remarries.

Whether you are seeking alimony or defending against your spouse’s claim to alimony, the attorneys at Alford & Burkhart will aggressively protect your financial security. We begin by understanding your interest in spousal support through listening to you and your needs. Then, through thorough investigation and analysis of the facts, Alford & Burkhart will determine the best course of action to advocate for your interests in spousal support determination and modification cases.