The divorce attorney will work with the opposing council and the courts to determine under what circumstances alimony should be paid or collected. The only constant in the entire process is the definition of alimony and that is the transfer of money from the party that earns a higher amount to the party with no or lower income in an effort to limit the effects of a divorce or separation.
Is Alimony For Women Only?
Many people assume alimony is money paid to a woman from the man upon the completion of a divorce and never the other way around. That used to be the case as historically men were the main breadwinners in our society. However, this has changed in today's world as women are more independent and it's not uncommon to have a woman earn a higher salary than her husband does. This change has led to greater numbers of men receiving spousal support as well as the granting of full custody of their children.
How Much Spousal Support Will I Receive?
Since laws vary from state to state, there is no standard answer. This is always a gray area for divorce lawyers with the exact amount being calculated by the courts. A good guide, however, is available by looking at 'The Uniform Marriage and Divorce Act'.
Your divorce attorney and the courts will examine and consider the ages of the individuals as well as the emotional, physical, and financial state of each party. How long you were married and the standard of living you have become accustomed to is also considered in calculating alimony. Another important consideration the courts look at is the ability to pay. They want to be fair and equitable, the goal is not to break or place an unreasonable burden on one partner.
Will The Payments Last For My Lifetime?
This is another good question often received by divorce lawyers and unfortunately again there is no standard answer. Just as the courts determine the alimony amount, the length of time the payments are to be received is also set by the courts. Part of the decision is made from information that is presented to the courts by your divorce attorney. Although there is no set pattern, the goal is for the payments to be received for a long enough time that the lower income party can ultimately live independently on their own.
This may be set for a particular number of months or years or until the lower income party remarries. Death doesn't automatically release a party from the court ordered obligations. Payments may be required or received to a party's estate for a number of reasons.
When you need a divorce attorney, Chicago clients and others across the country should be aware of what alimony is and the considerations that will determine the amount of spousal support. Although there is not a set standard, divorce lawyers will work for you in the best effort to get you what you are entitled to receive.
Christine O'Kelly is an author for the fierce divorce attorney, Chicago area's Vojta Law. With more than 26 years experiences as divorce lawyers, Chicago clients receive quality one-on-one legal advice in all aspects of their separation or divorce case.
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