Getting a divorce is complicated and challenging process but the good news is that the right attorney can help you. At Kendall Gkikas & Mitchell, we are on your side throughout the process. One of the issues our clients often worry about is alimony. They worry that they won’t qualify or that it will take years to get it. Today we’re going over the basics of receiving alimony. To find out more about what will affect your case, call us at 909-482-1422.
Factors that will affect your alimony amount
In a perfect world, you and your spouse would be able to negotiate your own alimony payments outside of court. However, this is not always possible. In that case, the judge will look at the case and make a decision about alimony. Their order will be in your final divorce judgment. When you work with Kendall Gkikas & Mitchell, you can trust that we will ensure the judge has everything they need to accurately assess alimony. Some factors they’ll likely use include:
- How long you were married
- Custody arrangements for kids (if applicable)
- Prenuptial agreements
- Standard of living during the marriage
- Domestic violence history
- Your earning capacity
- Your spouse’s ability to pay support
- Division of assets and division of debts
- Age and health of both of you
There are several types of alimony
Many people assume that alimony is forever and that it can’t be issued until the divorce is final. Neither is necessarily true. The only time alimony is actually permanent is if the marriage lasted more than a decade and the spouse receiving alimony is for some reason unable to ever support themselves. The various types of alimony include:
- Temporary alimony. This is awarded to offer support during the divorce proceedings and ends once permanent alimony is agreed upon.
- Rehabilitative alimony. This is intended to support the person receiving it while they get training or education so they can support themselves.
- Transitional alimony. This is generally a one-type payment and is awarded to allow for the person receiving it to pay the costs of transitioning to a new life. For example, they could use it to buy a car so they can get to their new job.
- Permanent alimony. This isn’t necessarily permanent, despite the name. It lasts as long as the judge says it will, or until one of the spouses requests a modification.
With so many types of alimony and so many various ways in which it can be paid out, it’s easy to see that you need a qualified attorney on your side. You’ve found that in Kendall Gkikas & Mitchell. We have worked with numerous couples in California to help them find the best possible outcome. We are on your side and are here to help you get a fair alimony settlement. Contact us at 909-482-1422 to set up a consultation today.
