Alimony is a type of spousal support paid by one ex-spouse to the other. Most often, the spouses make the alimony agreement during the initial divorce proceedings, but in some cases it may be reconsidered.
Divorce, however, can have a significant and negative impact on a party’s financial health (particularly on loved ones). Often a spouse finds that their financial situation is not the same after the divorce. In this case, the maintenance matter must be reopened.
Now you must be thinking, can I ask for child support after the divorce proceedings are over? Well, you can revisit the alimony question. But there’s a lot more, and to find out the rest, continue reading this article.
What types of alimony are there?
Before jumping to the main point, it is better to know the types of child support payments. You will find different types of alimony that can be awarded to one spouse from the other during a divorce. For example-
- Temporary maintenance: It is only granted during the divorce proceedings. Payment in this case lasts only until the final divorce. And in many cases, an official maintenance agreement can also be made.
- Permanent or long-term maintenance: Perpetual Alimony is a process whereby it is granted to a spouse until death, retirement or remarriage. It is common when the ex-spouse is not self-sufficient due to disability or age.
- rehabilitation maintenance: Rehabilitation alimony is currently the most common type of alimony payment in divorce cases. It is granted when a former spouse needs some time to qualify for the job market, complete an education or until the children are grown.
This alimony has a fixed term set by a judge. This date is set until the judge is of the opinion that the person is self-employed or capable of assuming responsibility themselves.
- Lump sum maintenance: Some states allow a spouse to make lump sum alimony payments instead of monthly alimony payments. Basically, it is a one-time payment to a spouse.
- Child support reimbursement: This type of alimony is given in return for any investment one spouse makes in the other spouse’s education or business.
Suppose you worked to get your partner into college and shortly thereafter you divorce your spouse. In this case, the judge can reward the first partner with alimony until the “debt” is paid off.
Note: The type of alimony payments depends on the laws of different states or countries.
Can I apply for alimony after the divorce proceedings are over?
When one spouse is financially dependent on the other for a long-term marriage, that dependent is awarded maintenance. Simply put, you will be rewarded when you cannot meet your needs without your spouse’s financial support.
In this case, the other spouse must pay maintenance. On the other hand, if both spouses earn the same amount or if the marriage is short-lived, they may not have to pay alimony.
Now coming to the main point, can I ask for alimony after the divorce proceedings are over?
Well, if you do not ask for or receive alimony during the initial divorce proceedings, but later feel the need for assistance or financial support, you can revisit the issue. This means that you can apply for alimony after your divorce proceedings are complete and you both have moved apart, but there should be a maintenance order in place.
In fact, it is not just the wife’s right; Each spouse can request maintenance in court. However, the judge will only award alimony if it finds that:
- If you are completely dependent on your spouse for financial support,
- To meet your needs you do not have sufficient assets, namely marital assets,
- You are unemployed or unable to work because you are looking after your child,
- When you get fired from your job.
Remember that family law varies from state to state and changes frequently. For example, in Dublin, before applying for a maintenance order re-examination, you need to check if you are eligible for legal aid.
As such, it is always recommended to consult a Dublin Divorce Lawyer to see if you are entitled to review the maintenance order again. In addition, they will help you get a better idea of what a fair child support agreement might look like and provide you with the best possible support. With that in mind, let’s move on to the next section.
What Determines Whether a Spouse Receives Alimony?
Many states base their spousal support rules on the factors listed in the Uniform Marriage and Divorce Act. So make sure you meet these conditions before claiming maintenance. Here are some reasons the state court may consider when deciding whether or not to provide child support.
● Duration of Marriage
Many states consider the length of the marriage before making alimony decisions. And often alimony is awarded to spouses who have been married for a long time. Since each state has different guidelines, the following are average marriage lengths for alimony payments.
5 years or less: Generally, in cases of marriages of 5 years or less, alimony is paid based on approximately half the length of your marriage. So you can expect to receive alimony for about 2 years if you were only married for 4 years.
10-20 years: In 10 to 20 years of marriage, you can expect to receive alimony payments averaging 60 to 70 percent of the marriage’s length. That means if you’ve been married for 20 years, your alimony will probably last for 12 to 14 years. However, this length of time may change depending on the circumstances of the individual.
20+ years: Marriages that last this long are more likely to receive permanent alimony. That means you get lifelong support from your ex-spouse until you die or remarry.
● Income
The court takes into account the income of each party. In addition, based on the spouse’s education, experience, and skills, they will assess each spouse’s employability. Apart from that, the court also examines whether the indebted spouse is able to support himself or herself during the payment of the alimony.
● property
The court also considers the relative amount of property, including separate and matrimonial property, that both spouses will take away after the divorce. Here the court actually takes into account the total value of the property as well as its type.
● health and old age
Courts take into account the health status of each spouse, and even they determine the health status in relation to their age, physical and emotional state.
● time
If a spouse needs to complete additional education or training that requires finding or getting a job, the court will consider how long it will take to complete it and pay the necessary expenses. The main goal here is to make the receiving spouse completely self-sufficient.
● standard of living
The couples standard of living is taken into account by the court they enjoyed during their marriage. In addition, they will see if each spouse can continue to maintain that standard of living without needing financial support from the other.
● Miscellaneous Post
For example, if financial or other contributions (e.g. household or childcare) are made by one party to the education, training, professional skills, career, etc. of the other party, the court will take this into account in that case.
Note: The judge may consider any other factors that he deems fair and reasonable. Another thing is the marital defect, if one of you had an affair, it is not taken into account.
Conclusion
So can I apply for alimony after the divorce process is over?
Note that you can no longer apply for a maintenance change unless there is a maintenance order. If in this case you want to renounce alimony, the court will not accept it, in fact, this matter will not be reconsidered later.
For this reason, the divorce decree contains a small amount of alimony and acts as a kind of placeholder. This leaves the door open for you to reconsider the alimony order or any correction needed after the divorce is finalized.
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