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Divorce and Alimony

Alimony is a payment usually in monthly installments after a divorce.  The question is when alimony must be paid.  Can any one receive alimony after a divorce? Very good question most the time when a couple divorces there should be no need for either spouse to have to support the other, if they are no longer married.  Most courts look at a short marriage (which is under five years) and assume a couple things; so what are they?1.       Usually a couple that has been together a short length of time has kept the same mind to support themselves.2.       The also feel that a person in a short marriage should still be substantially independent and self supporting.  So what does this assume?  That means that for most parties can continue to renter work, but now if there is a child involved of course there will be child support issues.Now in a marriage that has been a long duration, there may be need for spouse support after the divorce and sometimes a lifelong alimony will be taken into consideration.  So let’s see what is taken into consideration for alimony after a divorce to be paid.
  1. The mental and physical health of the spouse that will be receiving alimony after the divorce is finalized is looked at.
  2. The debts that the receiving spouse has.
  3. The receiving spouse earning capability.
  4. Any disparity of the earning capacity of the receiving spouse.
All of this is looked at and even in a short term marriage health and capability of the spouse is looked at in the divorce. There are types of alimony after a divorce has been finalized and the payments start, and they will be stated in the divorce papers. Types of alimony:1.  Rehabilitative: this is the type of alimony after a divorce that is paid only for a certain time.  This allows time for the spouse to become dependent and sometimes seek a higher education and allows them to return to the work force after a divorce.  This alimony does not allow the spouse to be sufficient just on that after the divorce.2. Permanent alimony:  this is the alimony after a divorce that is paid or an indefinite period of time.  Do not let the name fool you, this does not mean that this alimony will be paid for life.  The paying spouse can ask the court for an elimination or reduction of the alimony, if some certain circumstances happen.   Here are some of the things that can cause elimination or a reduction of alimony after a divorce.  Here are just a few.
  1. Death of either spouse.
  2. Retirement or laying off from work of the paying spouse.
  3. Remarriage of the spouse that receives the alimony after the divorce.
 
Posted: Dec 07 2007, 08:41 AM by Divorce | with no comments
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