If you are going through a divorce, you may be facing genuine concerns about your financial wellbeing after your marriage is officially over. Spousal support, also known as alimony or spousal maintenance, is often a significant focus during divorce proceedings and can provide invaluable financial assistance during this transitionary period. One of our skilled Montclair spousal support lawyers could assess you case and discuss your options regarding alimony. Additionally, if you need help requesting spousal support or responding to a request, a knowledgeable family law attorney could provide in-depth counsel regarding the next steps of your case.
While there is no definite end date for spousal support, certain factors can determine when a former spouse’s obligation may come to an end. Alimony can be ongoing when a couple was married for at least 20 years or longer before divorcing.
However, when a substantial change in circumstances occurs, such as job loss, the court may approve a modification of the financial obligation. If a couple divorces and they were married fewer than 20 years, alimony should not continue longer than the length of the marriage itself.
Additionally, if one party is paying the other spousal support, and the person receiving alimony gets married again, the support obligation would cease. In some cases, if the party receiving support decides to move in with their new partner, the paying party can still request the termination of their alimony payments. A Montclair attorney could explain what factors may impact the extent of someone’s spousal support based on their particular circumstances.
One of the main things to understand about spousal maintenance is that there are no exact criteria that determine the extent of a party’s spousal support obligation. However, state law does establish the various considerations the court should take into account when deciding on the spousal support amount.
One of the main factors the court looks at is the financial capacity of either individual to pay spousal support and their ability to secure gainful employment in the future. As noted above, the duration of the marital union is another significant determinant of the provisions of the final alimony agreement. If the divorcing couple has children together and one or both parties are paying child support, this also can affect the court’s decision of the amount of spousal maintenance to award.
In situations where one spouse made significant financial sacrifices for the other, such as staying home to raise the children, this can factor into the court’s final ruling as well. While there is no exact formula involved in spousal support determinations, any evidence presented that demonstrates a party’s financial need could influence the outcome of their case. A Montclair lawyer could help someone submit the documents and information needed to make a well-founded claim for spousal support.
A Montclair spousal support lawyer could help you pursue a favorable resolution of your alimony case. We could provide legal guidance tailored to the facts of your situation and advise your options to seek fair spousal maintenance. Contact our family law firm today to discuss your case and learn more about what forms of support may be available in your divorce settlement.