Divorce Attorney
If you are contemplating a separation or divorce, then you made have heard the terms post-separation support and alimony during your preliminary research. Post-separation support is a quick and temporary solution to make sure a spouse who has been financially dependent on the other has enough money to support themselves until either the agreement ends, alimony is awarded or denied, or the lawsuit requesting spousal support is dismissed. Alimony is paid to a spouse or ex-spouse for maintenance and support and can be for a specified time period or indefinite, depending on the agreement made by the parties or order by a judge.
Am I a dependent or supporting spouse?
A family law attorney can help you determine which category, if either, you fall in. A dependent spouse, whether husband or wife, is one who relies substantially on the other (supporting) spouse for financial support and maintenance. Some of the factors that a judge will consider when determining if you are a dependent or supporting spouse include the income and expenses of both parties, the marital standard of living, earning potential of both parties, and many others.
How much alimony can I get?
The amount and duration of alimony are determined by comparing the needs and expenses of each spouse, the ability of the supporting spouse to provide for those needs, the actual income of the parties at the time of the lawsuit, the earning potential of each party, and any other factors a district court judge considers relevant. A divorce lawyer will argue to the judge that the supporting spouse should pay alimony to ensure the dependent spouse is able to maintain the marital standard of living, which is the ultimate goal of alimony. The duration of alimony payments can depend on how long the spouses have been married and how long the dependent spouse has relied on the supporting spouse or in some cases the alimony may be a one-time lump sum of money.
If I quit my job, can I stop paying alimony?
No, it is probably a bad idea to intentionally quit your job in an effort to avoid paying spousal support. If you do, a district court judge will most likely hold you in contempt and probably fine you. Then you will owe even more money for attorney fees in addition to the alimony the judge will ultimately make you pay. Also, if you intentionally decrease your income prior to an alimony trial so that your ex-spouse gets less, a judge can impute income on you (pretend you make money) and require you to make the payments anyway. If you do this, you should really consider hiring a divorce lawyer because it is a terrible idea and will get you in trouble.
Can a divorce or separation lawyer help me file for alimony?
Yes, a divorce or separation lawyer can file the required documents, negotiate a settlement, or even go to trial if necessary. Hiring a reputable divorce attorney from a law firm like Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC, to assist in this process will help to ensure that you receive all that you are entitled to.
