Make sure your alimony agreement is fair with help from our expert spousal support attorneys
For a couple going through divorce, disentangling their lives is complicated enough without worrying about finances. Alimony, aka spousal support, is designed to help ensure that the two former spouses can continue to maintain a standard of living similar to that which they enjoyed during the marriage. However, this only works if alimony is calculated and applied fairly. At Kendall Gkikas & Mitchell, LLP, we can provide expert assistance with alimony negotiations whether you are the spouse requesting alimony or the spouse being ordered to provide it. You can rely on us to fight tenaciously for your best interests and protect your rights under the law when you retain us as your alimony attorney.
Factors Affecting Alimony & Spousal Support
You may be able to successfully negotiate for spousal support outside of court, but in the case of a contested divorce case, a judge will have to determine the amount of support that is fair. The judge’s support order will then be included in your final divorce judgment. As your alimony attorney, Kendall Gkikas & Mitchell, LLP can help by ensuring that the judge has access to accurate information regarding the following factors used to influence the awarding of alimony:
- Length of the marriage
- Standard of living while married
- Earning capacity of the spouse requesting support
- Other spouse’s ability to pay support
- Age and health of both spouses
- Division of assets and debts
- Custody arrangements for any children
- Any history of domestic violence
- Existence of any prenuptial agreement
Types of Alimony
Contrary to popular belief, alimony or spousal support does not have to be a permanent provision. Even so-called “permanent alimony” is not really permanent, except in cases where marriage lasted well over 10 years and one spouse lacks the ability to ever support themselves. Make sure you understand the following types of alimony before you sign any alimony agreement or move forward with a court proceeding:
Awarded to provide immediate support during a divorce proceeding, temporary alimony ends once a permanent alimony agreement is reached.
This type of alimony is awarded to provide support while the non-earning or low-earning spouse completes training or education that will improve their ability to become self-supporting.
Typically made as a one-time payment, this type of alimony can be awarded to help one spouse cover the expenses of transitioning to a separate life. For example, it might be used to allow the supported spouse to purchase a car so that they can commute to work outside the home.
Permanent alimony does not have to be permanent; the name simply denotes that this is the court’s final order for spousal support. It will last as long as the judge orders it to, or until one of the spouses requests a spousal support modification.
Get a Tough but Fair Alimony Attorney on Your Side Now
Because alimony issues can be complicated and also affect other aspects of your divorce, such as division of property and even child custody, it is highly recommended that you engage an expert spousal support attorney immediately. Contact Kendall Gkikas & Mitchell, LLP now to learn more about how we can help you to arrive at a fair spousal support agreement via mediation or litigation.