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When it comes to divorce, the issue of alimony and spousal support is often an emotional one and an angry battle can be difficult to avoid without legal help. Alimony and spousal support are the terms used to describe the money that one spouse is ordered to pay the other during the termination of a marriage, which is used for maintenance and support.
Traditionally this has meant that alimony is paid to the wife by the husband, but as circumstances change and the roles of women and men evolve, the courts are shifting the awarding of alimony to whichever spouse earns less or needs more to maintain the standard of living standard during the marriage.
There are a number of types of alimony or spousal support, including permanent, lump sum, temporary, and rehabilitative. Permanent is paid out until the paying spouse dies or the recipient remarries, lump sum is paid in one large payment rather than in periodic installments, temporary is paid for a specific time that is generally 1-2 years , and rehabilitative is the most common and includes payments used to help the recipient become more self-supporting.
While each state has its own statutes dealing with alimony and spousal support and its own criteria for determining the need and extent of payments, a number of factors may be considered, including the length of the marriage, the earning capacity and individual assets of both parties, and the physical, mental and emotional state of each spouse. In fact, the courts can factor in any of the economic circumstances of either party that they deem important.
Alimony and spousal support can have major implications for both parties for many years and if you are facing a divorce, it is critical to make sure that your best interests are being met. The guidance of an experienced divorce lawyer is essential for making sure that your rights are protected, and that the divorce is as painless – emotionally and financially – as it can be.
