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.