Divorce is a difficult journey, especially on the grounds of guilt. These can affect how you deal with child custody, property sharing, and spousal support, or alimony (also known as “alimony” in some states). If you and your future ex-spouse are willing to settle things amicably, you might be luckier as the likelihood of arguments would be relatively small. On the contrary, when you and your spouse are in dire shape, the process becomes more difficult.
A knowledgeable and skilled divorce attorney from Sante Fe, New Mexico or elsewhere can save you from the significant troubles of divorce. While difficulties are still inevitable, having a lawyer by your side will help you overcome any obstacles associated with divorce. Especially when you and your spouse are struggling, guidance is even more necessary.
Maintenance is addressed later in the process after a property-sharing plan has been established. For example, if your spouse earns significantly less than you do, there is a good chance that you will have to pay alimony. In this article we would discuss how this works.
What is maintenance?
Alimony, also known as spousal support or alimony, is a judicial payment to a spouse or ex-spouse under a legal separation or divorce agreement. The spouse who has the lower income or who has none of it receives financial support from the higher income spouse because a divorced spouse has the right to live the same quality of life that they had before the divorce.
Factors that determine the amount of maintenance
The specific amount of maintenance depends on state laws, but in general the calculation is based on the following factors:
- The need of the receiving spouse
- The paying spouse’s ability to provide
- Duration of marriage
- Previous lifestyle
- Spouse’s health and age
The court usually gives additional consideration when minor children or illegitimate assets are involved in determining the need. Maintenance can also be changed after the court has decided whether, for example, a spouse’s financial situation changes drastically. However, changing maintenance costs more time and money; Therefore, some spouses choose immutable alimony to avoid complexities.
Duration of the maintenance payment
As a rule, maintenance must be paid by:
- The date set by the court
- The recipient (your ex-spouse) remarries
- Your children no longer need full-time parental guidance
- After some time, the judge decided that your spouse made no effort to improve his financial situation
- An important event, such as retirement. In this case, the amount to be paid will be changed
- One of the spouses dies
Both spouses can also agree on how long maintenance must be paid. If you and your spouse are unable to resolve the matter, the court must intervene, resulting in a lawsuit.
If you are eligible for alimony, the court may ask you to make some changes to your source of income. For example, if you are solely dependent on a low-paying part-time job, you may need to find a full-time position with a higher salary. Professional assessors can be hired to report to the court the prospects for a spouse without a full-time position. You can also recommend these spouses to potential employers so they can calculate how much income they can earn.
Recipients should keep a record of all relevant details about each payment they receive. This includes the date, amount, check number or other identifying information, the payer’s account number, name of the bank, a photocopy of the check or money order, and a copy of the signed receipts.
If the paying spouse refuses to do so, the recipient should take this issue to court. In severe cases, a reluctant payer can be jailed. If you are going to get divorced or are about to get divorced, share any concerns with your lawyer.