How Mediation Can Help Determine Alimony – Legal Mediation Blogs Posted by Brian E. McKinley
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Posted on February 03, 2023 In
Divorce, mediation, spousal support
There are many different issues that can arise in the context of a divorce, but one of the bigger topics of discussion, and at times the most stressful, is alimony. Alimony serves as a means of helping a party to meet its reasonable needs when its income and property, if equitably distributed, are insufficient to meet those reasonable needs.
If a spouse is considering alimony, they can automatically go to court to resolve the issue, but that doesn’t have to be the case. Mediation can instead be a helpful process. Mediation allows a divorced couple to work out of court to resolve divorce, alimony, property division, and custody issues without relying on a judge to make those decisions. A personal and caring mediation environment can lead to a more harmonious resolution of domestic relationship issues.
Are you interested in how mediation can help reach a child support agreement? Here are some additional details:
• There are 17 factors in divorce law that are considered when deciding alimony. Such factors include, but are not limited to, the relative income and earning capacity of the party, the reasonable needs of the payee, the ability of the payer to pay, assets received from the payee as part of an equitable distribution, and the standard of living of the parties during the marriage.
• During the mediation, the solicitor mediator will be able to explain the reasons behind each of the 17 factors of the Divorce Code, in addition to the pros and cons of how alimony works so that the couple can use this knowledge when it comes to a agreement that makes sense. This knowledge is also helpful as it can give the couple an idea of how the court would view their case.
• The mediator/experienced lawyer can inform the couple what provisions should or should not be included in the alimony agreement, whether the alimony could be changed in the future and what events justify a change. Depending on the facts the parties are facing, the experienced mediator/attorney can make the right arrangements to respond to future changes in circumstances and reassure the parties with the ever-changing future.
• Once both spouses have agreed on the terms of alimony, those terms will be incorporated into the settlement agreement and become enforceable.
Child support payments can be a worrying issue for many going through a divorce, but you can rely on the knowledge and reputation of our attorneys to ensure resolution of your divorce-related issues, including child support payments, while using the best process for your situation. Our lawyers have the experience to advise you on the best way to resolve your divorce, always in accordance with the outcomes that are most important to you.
For information on what our experienced attorneys at Wilder Mahood McKinley & Oglesby can do to help you with your divorce, contact our attorneys at https://wildermahood.com/contact/ who specialize in all matters of family law know about We welcome you to arrange a consultation in the way that is most convenient for you – by phone, video or in person.
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