By: Brusca Law
Alimony (also known as spousal support) is the financial support the Court can award from one spouse to another during a divorce and it can extend well after the divorce is complete. The purpose of this support is to financially support the spouse, provide for your living expenses, and other expenses that were normal and customary during the marriage. When evaluating your claim for alimony, you will want to keep this in mind: Do you have a need for alimony and does the other party have the ability to pay you?
When can Alimony be Awarded?
The Court can and will take many things into consideration when determining whether alimony should be awarded or not. In addition to determining the parties’ respective needs and the ability to pay, here are a few other considerations:
· The financial situation and income of each spouse at the time of the filing of divorce.
· The age, earning potentials, and physical/emotional health each spouse.
· The living environment of the parties during the marriage.
How Much Will I Get?
Practitioners can never truly guess the amount you will get during a case, but you may be able to get rough figures in mind to help you budget and prepare for the future. You should speak with your attorney well in advance of any temporary hearings, and you should speak with your accountant as well, so that you have a budget to present to the Court. Your budget should include the following factors at a minimum:
· Food
· Shelter
· Clothing
· Transportation costs
· Household expenses
(TIP: Make sure your Financial Affidavit also clearly has the amounts above itemized so the Court understands your request for the award. Speak with your attorney about updated your financial affidavit as your needs and expenses change.)
Does Child Support Change My Alimony Award?
Most folks do not understand that an award for child support may change the award for alimony, and you should always ask your attorney to run the child support guidelines for you in advance of an alimony hearing. The general rule of thumb is this: the larger the child support award, the less the alimony award.
Speak with someone who understands the nuances of alimony and speak with Brusca Law. We will be happy to answer any questions you may have in regards to alimony, child support, and how the two interact. Call us today at 407-501-6564 or fill out the form on our website, and we will schedule a free consultation.