Divorce can be a tough time for both parties, even when it is amicable. One of the most challenging issues that must be addressed during this time is alimony.
Alimony refers to the financial support one spouse must provide the other after a divorce. It is usually given in cases where one spouse was the primary breadwinner during the marriage.
This article will delve deeper into what you and your partner need to know about alimony disputes.
Understanding Alimony Types
Alimony, also known as spousal support or maintenance, is divided into three kinds. These include lump sum alimony, temporary alimony, and permanent alimony.
Lump sum alimony is a one-time payment given to the recipient. Temporary alimony is paid by one spouse to the other temporarily or until a court issues a final order.
On the other hand, permanent alimony is paid by one spouse to the other until the recipient remarries or one of them dies. Understanding which kind of alimony best suits your specific situation can put you in a better position when settling alimony disputes.
Factors Determining Alimony
Several factors are taken into account when determining the amount and duration of spousal support. These include each spouse’s:
– Earning capacity
– Duration of the marriage
– The standard of living enjoyed by both partners during the marriage
A comprehensive understanding of these factors can help reduce the stress and emotional turmoil associated with alimony disputes.
Alimony disputes can be contentious, often leading to prolonged court battles and heightened emotions. It may even lead to one party refusing to pay alimony, resulting in severe legal consequences.
Therefore, couples need to work to resolve any dispute outside of court. Consulting with an alimony attorney can help both parties take an objective, realistic approach when reaching an agreement.
Mediation as a Solution
Mediation can also help couples come to an agreement on alimony. A mediator, who is a neutral third party, can suggest proposals that both parties might not consider on their own.
Thus, the mediator can also help guide the conversation to arrive at a mutually agreeable conclusion. Couples who want to avoid the high cost of litigation can opt for mediation or other alternative dispute resolution methods.
Modification of Alimony Orders
Alimony orders are not set in stone and can be modified in some situations. Several factors can be considered when seeking a modification. These include changes in the receiving spouse’s living situation, disabilities, and cohabitation of the recipient with a new partner.
Couples should always consult an attorney when looking to modify a spousal support order.
Divorce and alimony disputes can be emotionally draining and daunting, but adopting a cooperative and collaborative approach can help reduce the friction. Knowing your rights and options for spousal support when going through a divorce is critical.
Similarly, couples can also consult with an experienced alimony attorney to help navigate the legal process and find a fair and equitable solution for both partners.