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Family Law

What You Need to Know About Alimony and Spousal Support in a Divorce

Divorce is an emotional, difficult process that can be both confusing and intimidating. It can involve a lot of legal questions as well, including questions about property and income. It’s important to understand everything that goes into getting a divorce so that you know what to expect and can prepare for the big change ahead.

In a divorce, one spouse may be awarded spousal support to help them maintain their former standard of living. This support is typically a type of alimony that is awarded to the lower earning spouse in order to allow them to have a lifestyle comparable to what they were used to during the marriage.

Alimony is based on factors that the court considers, like income levels and length of the marriage. The judge also looks at whether or not the recipient of the support needs the money and can afford it.

Generally, the higher earning spouse is required to pay alimony to the lower-earning spouse, but this can vary depending on the circumstances and state law. The payment can be permanent, temporary or rehabilitative and is determined by a judge based on the circumstances of each case.

If you think that your spouse will ask for alimony or you need to find out if they are eligible, it’s important to get in touch with a divorce attorney in Miami as soon as possible. They will be able to tell you all about your rights and help you decide how to proceed in the divorce process.

Spousal support can be paid in a lump sum or on a monthly basis. Usually, payments are made on a monthly basis and can be modified or stopped if the paying spouse experiences any changes in their financial status.

Temporary spousal support is sometimes awarded during the divorce proceedings and can last up to several years. This kind of support is awarded in order to help the lower-earning spouse maintain their financial stability while resolving their issues with the other spouse.

The amount of spousal support that can be ordered can vary from state to state, but in most cases it is a fixed percentage of the higher earner’s monthly income. The higher-earning spouse is also required to contribute to the cost of child care and other expenses that are not covered by the lower-earning spouse.

Rehabilitative spousal support can be awarded to a spouse who is not yet financially stable or who has a long history of domestic violence. It is designed to help the lower-earning spouse gain skills and education that will allow them to become self-sufficient again after a divorce.

Lastly, if you receive spousal support and then start to cohabitate with another person, the payment is terminated by law. However, it is possible to go back to court and request a modification of the payment or a change in terms and conditions.

Alimony and spousal support are two of the most important aspects of any divorce. They can have a major impact on your financial future, so it is important to seek professional help as soon as possible if you believe that you will be entitled to either of these forms of support.