As many would know, Alimony makes an important part of the Divorce. And a major portion of court room discussions and trials are devoted to this aspect of the dissolution of marriage.
However, there are certain important aspects which one need to look into and understand before applying or seeking for one.
What is the aim of alimony?
The aim of alimony is to get monetary support for one partner from the other, and in most of the cases it is the earning partner who has to continue providing support to the dependent one. This is done to ensure that the dependent partner is at least allowed to live a respectful life even after the marriage does not exist in his or her life.
What are the factors the court would look into?
The court looks into quite a few important factors before making a decision on alimony. Some of them have been mentioned below:
- Period of marriage: This is a major factor in affecting the court’s decision on this issue. The amount of alimony and the duration of the same would largely depend upon the number of years one has remained in the marital relationship. In some cases if the marriage has not lasted for a long time then the court may not grant the right of receiving alimony by one of the partners.
- The work status of the partner: If the partner has been working at the time of divorce then it is going to affect the decision of the court largely. A working spouse is likely to have a low chance of receiving alimony than a non-working or a monetarily dependent one.
- Constraints of working: there could be a case wherein the wife or the spouse is not able to work because of small kids or any such noticeable cause. In this case too, the court is likely to favour this partner to get alimony.
- Professional skills and Educational qualification of the spouse: If a spouse is educated enough and bears enough professional skills which make him or her sufficient enough to work then the court’s decision would be affected accordingly.
- Lifestyle of the couple: The court certainly looks into the “lifestyle” the couple has been used to when they were in the marriage. Depending on this the alimony amount is decided.
- Income of the partner: The partner who is supposed to pay the alimony is supposed to submit the required information about his income. This is another major factor which is going to be a decisive one.
What is the period for which alimony can be paid?
Generally there are three kinds of Alimony which can be paid:
Temporary alimony: This is the alimony which is paid till the time one gets into a job or those with a job move to a better job.
Long term Alimony: If the marriage had quite a long life and the court realizes that the spouse would find it difficult to earn almost the same amount of money which he or she has been getting from the ex-partner then this kind of alimony is granted.
Conditional Alimony: Such alimony is decided depending upon the conditions quoted by the recipient. It may range from acquiring skills and or education and it could include any other factor as well.
Can you combine Alimony and Child Support?
The answer is “No”. One needs to understand that the two are remote issues. The former is meant for supporting the ex-spouse whereas the latter is meant for bringing up the kids born out of the marriage, without the spouse facing any difficulty on monetary fronts. There are cases wherein a spouse may be denied “alimony” but she may receive “child support” because bringing up kids is a joint task. The court may take a decision to ensure that a child is not devoid of all the required facilities which he or she has been getting before the dissolution of their parents’’ marriage.
How do you prepare an alimony statement?
The Statement of Alimony should include the following points:
- You must mention the weekly expense. The most important of the expenditure would include the house mortgage, or any rent you are paying, the taxes on property, the cost of transportation. The basic expenditure like the one on clothes, child care, personal care and premiums should be mentioned in the statement to make it a comprehensive one.
- If you have credit or liability then you must mention it in the statement, again you should quote it on a weekly basis.
- The assets you hold along with your spouse need a special mention in the statement you are prepare. This list will include the mention of jewellery and even the expensive antiques you possess.
- Any investment in the stocks or mutual funds or bonds should be included in your statement. Any other kind of investment or pension plan should also be reflected in your financial statement.
Claiming Alimony is a matter of greater studies made by you and your attorney. If you really want to live a comfortable life even after getting divorced, you must plan the same accordingly. Thorough research on this issue and a verification of the financial statement is quite an important component of the divorce process. A careful consideration from the claimant can make life comfortable after divorce, if not emotionally at least financially.