You are facing a legal separation or a divorce. Suddenly, and after many years, you found yourself in a position to manage your own affairs completely separate from your household and without the source of income that your spouse was providing for the community. Apart from mora dilemma that is present in all divorce and separation cases, you ask yourself;
Should I pursue spousal maintenance?
I spent some time with great clients of mine during which we addressed their moral dilemma when it comes this often bypassed and sensitive issue. The truth is, this has nothing to do whether you deserve it or not. Alimony is based on facts whether the decision of leaving the community will strongly impact your financial affairs and standard of living and whether you can, at the given moment, support yourself without significantly impacting your life style. When it comes to alimony, there are no rules, but general guidance.
What we shooed think of:
- Higher earning spouse’s need
- Length of marriage
- Previous lifestyle and standard of living
- Age and health of both spouses
Allow me to explain:
This is not about getting even with your spouse and trying to screw somebody up.
The purpose of spousal support is to limit any unfair economic impact to a non-wage-earning or lower-wage-earning spouse in a divorce or legal separation by providing that spouse with an ongoing income. In addition to the five factors mentioned above, the court usually considers non-marital assets and whether minor children are involved when determining need.
Another things to consider:
If you have minor children, your alimony amour will be affected by child support.
Secondly, your alimony is considered as taxable income.
The goal is and it should be to give one spouse temporary financial help until he or she is financially independent. This allows the recipient time to go back to school or gain the skills necessary to find a job.
Source: Forbes
Anthem Paralegal 