Alimony – How Does the Court Determine the Amount of Alimony?Alimony – How Does the Court Determine the Amount of Alimony?
If you have been awarded alimony after a divorce, you will likely be obligated to pay it for a certain period of time. However, this amount can be reduced or terminated in certain circumstances. For example, if the recipient obtains a better-paying job or cohabits with another person, alimony may cease. Also, alimony can terminate if the recipient remarries or fails to disclose pertinent changes in his or her life.
A pre-nuptial agreement can make the divorce and alimony process easier. It can make sure that both parties are on the same page when it comes to their finances. However, if the couple does not have an agreement, the decision will be left up to the judge. The judge will determine how much alimony each spouse will receive and how long they will have to pay it. In some cases, alimony may be required until the receiving spouse remarries or the breadwinner reaches retirement age. It is important to seek legal advice from an experienced Houston family law attorney.
The length of the marriage is also a major factor in determining the amount of alimony awarded. A decade-long marriage will mean more money than a 12-month marriage. Another factor is the earning capacity of the payee. If the spouse who has earned the most money is the one making the payments, he or she may be ordered to pay a greater sum. Other factors that can influence alimony are the age and health of both parties.
Alimony is meant to ensure that the lower-earning spouse can maintain his or her lifestyle after the divorce. Without this additional income, the lower-earning spouse may be unable to pay for housing and other necessities on his or her own. In most states, the court considers this when determining how much alimony to award.
In Houston, the court must consider several factors when awarding alimony. The age of the parties, their employment status, and length of the marriage are just a few of the factors considered. If either spouse has been in the military for over 20 years, he or she can also keep medical benefits under federal law. Additionally, the court can consider the additional expenses the dependent spouse incurs when providing his or her own medical insurance.
Alimony is a costly proposition for the former spouse. It is crucial that both former spouses determine an amount that is fair to both of them. Oftentimes, it is difficult to determine how much of a lump sum is fair and how much should be paid monthly. The most ideal scenario would be to have a pre-nuptial agreement that specifies the terms of the divorce settlement.
The issue of alimony is often one of the most contested aspects of a divorce. The Houston Divorce Lawyers understands the importance of this issue and will guide clients through the process while aggressively advocating their interests in court. Contact a divorce attorney today to discuss your options and ensure that your rights are protected.
If a spouse must pay alimony, it is vital that they hire an attorney who can determine the best course of action for their situation. A divorce attorney will evaluate your financial situation and determine how much alimony is appropriate. During the divorce, alimony payments must be documented. Besides, the paying spouse must carefully consider the impact of alimony on his or her annual income and the recipient’s income.
Although alimony has been around for decades, it has changed considerably over the years. Today, most cases involving alimony involve either a lump sum payment or regular payments over a short period of time. It is no longer intended to support a former spouse completely, but instead to supplement his or her income in the best possible way. The receiving spouse will need to build a resume and return to the workforce as quickly as possible to make up for lost income.
Divorce and alimony can be complicated issues, and a mediator can help. The mediator will act as a neutral third party in the negotiations. They will help ensure that both spouses are treated fairly. As a result, the parties will be better able to apply alimony according to their needs.
In cases where alimony is insufficient, the requesting spouse may seek a modification of the order. However, the party requesting the modification must continue to pay the amount that is specified in the order. This modification is effective retroactive to the date of the spouse’s request. Alimony can also be modified if one spouse has been a victim of domestic violence and cannot support herself.