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Questions about Alimony Laws

Getting a divorce is bad enough, but worrying about income after the divorce can be worse. Alimony or spousal support, is a way to help offset income that a spouse was accustomed to during marriage. Spousal support is often calculated by alimony guidelines and spousal support laws. Read below five of the top alimony questions that have been answered by the Family Lawyers on JustAnswer.

How is alimony determined if someone is on Social Security Disability?

Many people believe that alimony is determined using a precise alimony calculator. However, this is not so. Whether or not to award spousal support is highly discretionary for courts. Likewise, how much to award is also at the court's discretion. Courts usually consider all relevant factors when making such a consideration (not including marital misconduct). These factors include but are not necessarily limited to: financial resources and assets, time necessary to acquire sufficient education or training for employment; the standard of living while married; the length of the marriage; as well as the age and health condition of the spouse seeking support. If spouses are married for 10 years or more and if they divorce, one spouse can usually collect on the other spouse's record.

If someone unable to provide the court ordered spousal support reduces the amount over a few months, can the courts take money from a business account to pay alimony?

If the spousal support payments are in arrears, courts usually cannot attach any corporate assets, provided the assets are owned and handled completely separately from your personal assets. What may be attachable, however, is your personal interest in the stock of the corporation, whatever the value of that stock may be. When such support payments are no longer possible due to a change in circumstances since they were ordered, you should consider petitioning the court for relief from or lowering of the required payments.

How is alimony calculated for self-employed businesses?

Generally the court will look at past tax returns. However, different judge have their own way and even though they have "guidelines" to follow, it is ultimately up to them. You still need to contact a local attorney in this matter for representation before the court: The judge will not use a formula to figure out how much spousal or partner support to order at the end of your case.

I this true that Texas is the only state that limits spousal support for 3 years maximum?

Texas is the only state that has such a strict limit on spousal support. Even that limit can be waived if there is a disability involved. However, many states, either via state statute or per the court's discretion, are tending to favor awards of rehabilitative spousal support rather than permanent spousal support. The intention is to get the payee spouse back on his/her feet as soon as possible. However, in some states, there is a presumption of permanent alimony in longer term marriages.

Can a wife get alimony or spousal support in NY state after 7 years' marriage if there are no children and no mortgage, but is unable to work as she is a student

Alimony is usually not just a matter of whether there are children. Alimony is essentially a function of need for support and ability to pay. Her need -- assuming she graduates and becomes able to earn more than she can earn now -- goes down after graduating. Your ability to pay alimony becomes the next factor that gets assessed, along with the marital lifestyle you two enjoyed. Finally, the number of years you have been married goes to the term of alimony you may be obligated to pay her for.

Alimony or spousal support varies per state. If you have questions regarding spousal support, Family Lawyers on JustAnswer can save you time and money by answering your questions quickly and affordably.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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2 Family Lawyers are Online Now

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
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Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Alimony Questions

  • getting divorce, marry for 5 years, no kids, i bought a house

    getting divorce, marry for 5 years, no kids, i bought a house while marry to her, she is not on the deed or loan, no investment with her, she works. she also has her own house. i don't want her house or anything from her. is she entitle to my house or alimony? i live in Delaware.
  • my ex wife use my health insurance ID after we was divorce,

    my ex wife use my health insurance ID after we was divorce, she knew she could not use it, now I got a explanation of benefits for 25 thousand dollars after the divorce just for her.
    I wonder if I can suit her for fraud, or I can ask the court to she to pay the amount that the insurance company pay for her, I mean total expense on her, I should be entitle to ask for it since is my health insurance and she use it as a intent to committee fraud.
    she filed a court contempt asking me to pay some arrears child support, and alimony I am going to jail, but how can I ask the court to she pay what she illegally use of my health insurance
  • I've read in Nevada that alimony may be awarded if a person

    I've read in Nevada that alimony may be awarded if a person has been married anywhere from 3-20 years... I've been married 4.5 years and I've heard that I may be entitled to alimony for half the amount of years I've been married for, so 2.25 years....is this correct? I'm conflicted about the "temporary support" vs alimony due to the fact my soon to be EX has a default (divorce) judgement filed against him...does this mean it turns into alimony? I mean I want the divorce to be over, but I do need support I left with pretty much the clothes on my back and very little money, it's been approx 35 days since he was served. I'm not sure what to expect.
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