FAQ: Securing Alimony
When it comes to matters involving the checkbook, alimony can weigh heavily on your mind when undergoing the divorce process. Because of this, a lawyer is all too familiar with some of the most frequently asked questions when securing alimony payments following a divorce:
How can I strengthen my case for spousal support/alimony?
Our attorneys will not just review our case, they will help build a strong case for alimony. There are a number of factors that may help your ability to obtain spousal support following a divorce. We will look for the following when configuring the need for alimony:
- Whether your spouse is the higher earning partner in the marriage
- The amount of time you have been away from the workforce (which ultimately may impact your earning potential)
- Whether or not your spouse engaged in an extra marital affair
- If you are unemployed because you are responsible for the care of your children
Are alimony payments indefinite?
The length of period in which alimony is required can vary depending on your specific situation. In most cases, any changes made to an alimony order must be changed in court. Not all alimony orders are long term. When determining how long you are entitled to spousal support for, the court will look at the following:
- The length of the marriage
- Whether you are unemployed and caring for children
- The length of time which you may be able to obtain the education and employment you require to be self sufficient.
- Your age
- Anything that may impact a person’s earning potential
- The way in which property and assets from the marriage were distributed
In many cases, the judge will determine a timeframe for alimony while keeping a number of factors in mind. Despite this, it’s important to remember that every case is different, which may warrant different outcomes.
What happens if my ex doesn’t make their alimony payments?
When your spouse fails to make alimony payments, the ways in which it can impact you may be significant. If you have an order for your spouse to pay alimony and they have failed to do so, there could be repercussions. It will be important that you speak with a lawyer to determine how to legally move forward. The consequences to not paying alimony may include:
- You could be held in contempt of court, because your alimony payments were likely to be court ordered.
- Jail Time
- Loss of License
It’s important to note that the above consequences are highly contingent upon the state in which you live. It’s likely that if your ex has failed to pay alimony, you will be experiencing financial difficulties as a result. Contact a lawyer so that they can help you to map out the proper course of action.