Alimony, also commonly known as spousal support, is a form of financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is enforced by federal law and is in place to acknowledge that in marriages where a spouse forfeits a career to manage the household, the couple is essentially splitting essential family duties based on nonmonetary contributions that have to be equally considered. To learn more about the ins and outs of alimony, continue reading our blog!
Who Qualifies for Alimony?
The whole objective of alimony is to provide “reasonable and necessary” support upon divorce or separation. In order to qualify for alimony one must show the court that he or she needs financial support and that the other spouse has the economic means necessary to provide it.
What are the Stipulations of Alimony?
- It must be requested during the divorce, not after
- It will have to be forfeited in the event of remarriage and at the request of the ex-spouse
- Couples who agree on alimony terms can resolve this matter outside of the court, however alimony can only be legally enforced when ordered by a court or if there’s a written agreement
- Failure to pay alimony payments can result in a motion for contempt to be filed, and if approved, can lead to other means of enforcement including wage garnishing
What is the Legal Process?
Immediately upon agreeing to divorce any individual seeking spousal support must come forward and file a motion for it. A spouse can ask the judge to make a spousal support order as part of divorce, legal separation, annulment or a domestic violence restraining order.
If the couple cannot agree to this arrangement or to a fair monthly amount, a judge will decide if the individual is indeed entitled to the alimony, and if so exactly how much. Alimony will either be granted indefinitely or for a limited amount of time depending on the couples current and future circumstances.
An expert family lawyer will be able to provide end to end legal services for divorcees and those trying to navigate alimony, child support, custody and other legal cases. Learn more about the expert team at Family Law Richard E. Young & Associates, our convenient services, free consultations and much more on our website or by giving us a call at (949) 951-9529. We have proudly served countless families in the Orange County community with their alimony, divorce, custody, and bankruptcy cases since 1974.