What Can I Expect If I'm Hoping for Alimony?
Alimony, or spousal support, is known as the financial support one might get from an ex-spouse in result of a divorce. This money is an attempt to keep both parties “lifestyle” as close to the "lifestyle" they have grown accustomed to as possible. However, you can’t just get alimony by asking, you have to qualify for it and it must be granted to you. An experienced divorce attorney at the Lake of the Ozarks can help you determine whether you have a good chance of getting alimony or not. Let’s look at what factors into being granted alimony in a divorce case.
When the court determines whether or not alimony should be granted, they are looking at a few different things:
• Can the spouse wanting financial support, support themselves?
• Are they able to acquire a job on their own?
• Did the married couple have a child who needs special attention? If so, would the primary caregiver/parent be able work outside the home?
The amount of spousal support or alimony that the court decides to grant you can be based on a number of factors, such as the financial resources the spouse requesting alimony has, how long will it take to get a job or education/training to acquire a job, their earning capacity, how long was the couple married and ages of the parties. The reason for looking at these factors is to determine how much alimony or spousal support the requesting or dependent spouse actually needs for necessary expenses rather than desires. These factors need to be evaluated in order to judge a fair amount of financial support.
Yes, it is rare for alimony to be paid until death. In certain cases, the court may grant that, but typically not. There are modifiable and non-modifiable alimony agreements. Modifiable agreements allow the couple to come back and modify the alimony agreement if there is some sort of change in their lives that makes the original agreed upon alimony amount unnecessary, such as the dependent spouse getting a job that can support him or herself or remarrying. Non-modifiable agreements typically have a set end date and are meant to go on past events such as the spouse getting a new job. It will normally take a terminating event, such as remarriage for a non-modifiable agreement to end.
Phillips, McElyea, Carpenter & Welch understands that the issues of each divorce are unique, our attorneys are able to plot a course based on the individual needs of the client. Mindful of the effect a contested divorce can have on children, we recommend mediation and settlement as an option that can lessen the emotional impact. We are not afraid to stand up for the rights of our clients in the courtroom, but we believe that every option should be explored to find a solution for you. Call our law office at 573-346-7231 for a free consultation.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
How Do I Know if I Qualify for Alimony or Spousal Support?
When the court determines whether or not alimony should be granted, they are looking at a few different things:
• Can the spouse wanting financial support, support themselves?
• Are they able to acquire a job on their own?
• Did the married couple have a child who needs special attention? If so, would the primary caregiver/parent be able work outside the home?
If I am Granted Alimony, How Will the Court Determine How Much to Give Me?
The amount of spousal support or alimony that the court decides to grant you can be based on a number of factors, such as the financial resources the spouse requesting alimony has, how long will it take to get a job or education/training to acquire a job, their earning capacity, how long was the couple married and ages of the parties. The reason for looking at these factors is to determine how much alimony or spousal support the requesting or dependent spouse actually needs for necessary expenses rather than desires. These factors need to be evaluated in order to judge a fair amount of financial support.
Can My Alimony Ever Be Cancelled?
Yes, it is rare for alimony to be paid until death. In certain cases, the court may grant that, but typically not. There are modifiable and non-modifiable alimony agreements. Modifiable agreements allow the couple to come back and modify the alimony agreement if there is some sort of change in their lives that makes the original agreed upon alimony amount unnecessary, such as the dependent spouse getting a job that can support him or herself or remarrying. Non-modifiable agreements typically have a set end date and are meant to go on past events such as the spouse getting a new job. It will normally take a terminating event, such as remarriage for a non-modifiable agreement to end.
In Need of an Experienced Camden County Divorce Attorney?
Phillips, McElyea, Carpenter & Welch understands that the issues of each divorce are unique, our attorneys are able to plot a course based on the individual needs of the client. Mindful of the effect a contested divorce can have on children, we recommend mediation and settlement as an option that can lessen the emotional impact. We are not afraid to stand up for the rights of our clients in the courtroom, but we believe that every option should be explored to find a solution for you. Call our law office at 573-346-7231 for a free consultation.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
We accept Visa, MasterCard, and Discover.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020 GET A MAP
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