The purpose of alimony is provide reasonable and necessary support. The typical steps of receiving alimony is that the spouse who is asking must show the court that they are in need of financial aid and that the other spouse is able to pay the financial support. Asking for alimony is part of the divorce proceedings, but what happens when both parties don’t agree to alimony?
In these cases, the judge will decide whether or not you are entitled to alimony. It is up to the judge’s discretion as to how much alimony and what type of alimony would be rewarded. The answer is situational based and the alimony is always modifiable unless the alimony is awarded as a lump sum. If both parties can’t agree for how long the one spouse will receive alimony, the judge will decide the appropriate length of time that is determined by your situation.
If both parties can’t agree to alimony, they can bring it before the court and they will decide whether either party will pay alimony. The judge will come to this decision based on factors such as your ability to support yourself, the time necessary for you to get a job or receive any training, the standard of living established during the marriage, and the length of the marriage, amongst others.
The alimony may be modified or eliminated based on the former spouses’ changing needs, if they are the result of a change they made as a marital unit. The modifiability only addresses the needs that are relevant or caused by the divorce.
This post was written by David Hurvitz. Follow David on Google+.