If you’ve recently filed for a divorce or separation, there is a good chance that you will need to seek spousal support from your former spouse. This is an important issue that your family law attorney can help you with.
When a divorce or separation takes place, alimony is one of the most common legal issues that courts will decide. Usually, alimony is paid by an ex-spouse to a current or former spouse for the purpose of providing financial support until both parties are able to fully separate.
There are several factors that a court will consider to determine whether a spousal support award is justified and what amount should be awarded. These factors include a spouse’s earning capacity, the standard of living during the marriage, and the ability to pay. In some cases, a judge may also consider child custody and the standard of living for the children.
Some states do not have a specific formula to calculate the amount of spousal support that should be awarded; rather, spousal support is determined by a judge based on evidence and a list of factors. This is done to ensure that the award of spousal support is reasonable and fair.
If you are seeking spousal support, it is important to have an experienced spousal support lawyer by your side to make sure that your case gets heard by the court and that you receive what you deserve. A Miami family law lawyer can also help you understand what steps you need to take and the type of evidence that is needed to prove that you should receive spousal support.
Spousal support can be modified or eliminated if there is a change in circumstances that affects your income or spending habits. This can be something as simple as your spouse taking a new job that pays significantly less than what you were making before the divorce or separation.
As with any other legal issue, spousal support is often subject to negotiation between the two parties involved. Your lawyer can help you develop a settlement plan that will allow you to avoid going to trial, which is often expensive and time-consuming.
Your attorney will help you understand what documents are required to file with the court and make sure that you file them correctly. This can save you time and money as well as protect your rights during a divorce or separation.
When a spousal support award is reduced, your attorney can work with you to develop a plan to meet the financial needs of yourself and your children while maintaining the quality of life that you deserve. This could involve modifying your spousal support or paying it out of your own savings or earnings.
Depending on your state, spousal support can be temporary or permanent. Generally, spousal support will end upon the death of either spouse or when you remarry. However, if you have a child through a surrogate, then spousal support is typically not terminated until your child turns 18 years old.