If the supporting spouse is not «at fault» for the breakup of the marriage and is willing to take the other spouse back, can the family
court award alimony?
These include laws that permit child support during marital separation, grant the couple the ability to draft a marital separation agreement, and
award alimony in certain cases of marital separation absent divorce.
The court will
not award alimony unless, after considering these factors, it determines alimony is appropriate.
In most states, judges will
award alimony when one partner has been financially dependent on the other throughout a lengthy marriage.
Generally, if you are 45 or younger, the court will
award alimony for about five years and expect you to complete education or training, if necessary, to obtain better employment.
The petition, called a summons and complaint, states that the spouses live separately and want a court to divide marital assets,
possibly award alimony and decide child custody.
Whether the court in your divorce will
award alimony depends on the circumstances of your marriage and whether you and your spouse are capable of supporting yourself.
Either spouse may also request that the
court award alimony, which is sometimes referred to as spousal support.
Tennessee courts
award alimony based on one spouse's need and the other spouse's ability to pay.
Her experience prompted a bill in the Virginia House of Delegates that suggested prohibiting courts
from awarding alimony to a spouse who has been convicted of domestic violence.
Courts may
even award alimony to a spouse who desires to further his or her education in order to enhance their future earning potential.
Some states do not
award alimony unless there is some form of wrongful conduct and those are often times only seen in fault divorces, where one spouse can prove something like abandonment, financial abuse, addiction, physical abuse, adultery, child abuse, etc. most states, now, are no fault, and if alimony is available it's often only rehabilitative.
An Illinois judge can't withhold or
award alimony as a punitive measure, to punish a spouse for marital misconduct.
According to Connecticut General Statutes - Title 46b - Chapters 82 and 86, the Superior Court may
order award alimony to either spouse.
A Florida court can
award alimony at its discretion after consideration of the factors set forth in Florida law.
Although several
states award alimony to civil partners and common law spouses, North Carolina does not.
If you were not
awarded alimony with your divorce but you made a request for it, you may be able to request alimony again if you can show that there has been a material change in circumstances that would warrant a modification.
If you have been
awarded an alimony payment and your ex-spouse is not adhering to those requirements, you may want to hire a post divorce attorney and go back to court to have the alimony payments enforced.
A spouse may be
awarded alimony after the court considers factors like the financial status of both spouses, whether the parties are able to support themselves, the time and expense necessary for either spouse to receive job or educational training, and the standard of living and duration of the marriage.
Washington state law sets forth the procedure for dividing property and
awarding alimony when spouses divorce or a...
Because neither spouse is contesting, a court can immediately move on to dividing the marital property and
possibly awarding alimony.
Courts can
also award alimony, called spousal support, to either spouse after considering numerous factors listed in California law.
Unlike most jurisdictions, which do
not award alimony or divide property or debts in an annulment action, the District of Columbia permits the court to divide marital property and debt equitably.
The
court awards alimony on a temporary or permanent basis based on the owing spouse's ability to pay, the spouses» ages, the duration of the marriage, and the requesting spouse's ability to work.
If the marriage ends, judges have to decide how much that domestic work «counts» when dividing up property or determining whether to
award alimony.
Only 15 percent of all divorced women are
awarded alimony, and more than one out of four never receive any of the awarded alimony payments.
This means that if the judge decides to
award alimony to the obligee, the obligor might have to pay it permanently or just for a set period of time.
Alaska courts can
award alimony or support «for a limited or indefinite period of time, in gross or in installments.»
Because a void marriage is legally viewed as never having been valid, an Alaska court doesn't have statutory authority to
award alimony or divide property or debts as part of the family case.
The court may
award alimony, or spousal support payments, to one spouse.
A Demand for Alimony Payment can help you be treated fairly, if you were
awarded alimony.
If you have been
awarded alimony in a divorce or separation, you can use a Demand for Alimony Payment to help remind your former spouse of their obligations.
Aside from property and assets, prenups can also be used to decide whether the other spouse will be
awarded alimony in the event of a divorce.
The sole basis for that court's determination of fault was that, under Florida law, a wife found guilty of adultery can not be, as Mrs. Firestone was,
awarded alimony.
Kansas courts may
award alimony, also called maintenance, to either spouse while a divorce is pending or when the divorce is over.
The courts
award alimony to give some fairness and an equal footing to both spouses as they dissolve the marriage.
§ 20-3-130 (A)-RSB- to
awarding alimony to an adulterous spouse.
Each state's divorce laws set forth mandatory «factors» judges must consider before making an equitable property division or
awarding alimony.
1996), that when a spouse committed adultery before the marriage, that fact was immaterial in
awarding alimony or dividing the marital property.