Alimony is money paid from one spouse to another. There may be both temporary alimony and permanent alimony. Typically the spouse who makes more money will make scheduled payments to the spouse who makes less money. The court will have to determine whether the giving spouse can afford to make alimony payments and whether the receiving spouse needs the alimony.
Your conduct towards one another can be considered in setting alimony. If your spouse can prove that you committed adultery or deserted them then you will not be entitled to alimony payments.
Temporary Alimony may be awarded by a judge while a divorce is pending. The court will consider the needs of the parties caused by the divorce and the resources of the parties.
When applying for this, the judge may consider the circumstances surrounding the separation and can refuse to grant any alimony at all. The issue of temporary alimony may be revisited during the pendency of the divorce case and failure to comply with the judge's order can result in contempt proceedings.
Judges, as a result of divorce, desertion, or voluntary separation grant permanent alimony. There are several factors that go into determining the amount of alimony that one spouse must pay the ex-spouse.
- The standard of living during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The financial resources of both parties;
- The time necessary for either party to acquire sufficient education or training to enable them to find appropriate employment;
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career-building of the other party;
- The condition fo the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- Other relevant factors as the court deems equitable and proper.
Can I Get Remarried and Keep Getting My Alimony?
NO. If you remarry, all obligation owed to you terminated, unless otherwise provided.
Worried about your alimony obligation, receipts, or your divorce in general? Contact us and let us help you through this time.