For most couples, a divorce isn’t completely straightforward. In many instances, back and forth negotiations with divorce attorneys will take place for weeks to determine the division of assets and child custody. It’s also common for alimony, also known as maintenance, to come up during these proceedings. If you aren’t fully sure if you should apply for alimony or think you might have to pay it, use this guide to become more familiar with its purpose and how it is determined.  

What You Should Know About Alimony

What is alimony?

This is financial support paid by one ex-spouse to the other. Usually, payments won’t begin until after the divorce is final, but sometimes temporary alimony will be granted while the divorce is in progress.

In this instance, the payments may or may not continue when the marriage is legally ended, and in the former case, the awarded amount might be higher or lower than what the individual was previously receiving. 

When is alimony deemed necessary?

If the divorce will economically hurt one spouse more than the other, such as a non-wage or lower-wage-earning spouse, this individual can request alimony to continue their current standard of living.

Their divorce attorney can then submit the request to the other spouse’s attorney, who might come back with a counteroffer. If an agreed amount cannot be reached, it will be left up for a judge to decide how much should be paid and for how long. 

How long is alimony paid?

It will depend on the type of agreement made between the ex-spouses or ordered by the court. If the support is not given as a lump sum amount, the receiving spouse will usually be awarded periodic or permanent alimony. Periodic, or rehabilitative, is short-term support given while the receiving spouse obtains work experience or training to become self-supporting.

Permanent alimony provides support until one of the spouses dies. This type is often reserved for cases where one spouse is not able to become financially independent due to age, disability, or a long absence from the job market. 

How is alimony determined?

Unless the two parties have come to an agreement, the court will decide the appropriate alimony amount based on several factors. They will consider the receiving spouse’s marital standard of living, physical health, age, emotional condition, and time it will take to acquire education and training.

The judge will also consider the paying spouse’s ability to pay, and they’ll look at both individuals’ financial needs and marital conduct. 

Divorce is never easy, but with Privette Law Office by your side, it doesn’t have to be so painful. This small-town law firm provides reliable legal services to Willow Springs and South-Central Missouri. Their attorneys have experience in many areas, including family law, and will see that you are informed of all of your legal options at every stage of a divorce. Call them today at (417) 469-3535 to schedule a consultation and visit their website to learn more about their team.