Individual during a divorce proceeding. It can be temporary or permanent depending on the financial circumstances of each spouse that is ending a marriage, regardless of gender. Eligibility requirements involve when one spouse either has a lack of assets after divorce or is unable to maintain employment with enough resources to support him or herself post divorce. Alimony helps the less fortunate spouse to receive payments so they can have increased income and be able to pay their normal monthly bills. Here is some information about types of alimony and factors considered by the court when determining spousal support payments.
Temporary alimony
Temporary maintenance is awarded on a short-term basis while the marriage is dissolving. The spouse requesting payments submits a complete list of assets and expenses for the court to determine eligibility. This type of alimony ends when the divorce has been finalized.
Rehabilitative or permanent alimony
If one spouse requires alimony post divorce, he or she may receive permanent alimony if awarded by the court. This is only possible if the marriage lasted a minimum of 10 years. The guidelines for receiving permanent alimony include that the receiving spouse earns no income, has a much smaller income than the other spouse or has medical issues preventing them from gaining employment. Rehabilitative alimony is available in the event of a short-term marriage and is typically granted for five years. This can also be requested from a court in the event that the recipient needs training or education to obtain gainful employment.
Alimony calculations
The court examines many factors to decide what amount of alimony a person should receive. Some include the age and health of each spouse, duration of the marriage, asset values of each spouse, income of each, disabilities of each, the financial needs to take care of minor children (custody) and the owing spouse's ability to pay the other.
Going through divorce is an emotionally difficult time and it can be hard to understand spousal maintenance rights and what to expect. If you have questions about alimony or any aspect of divorce, contact the Law Office of Todd K. Bolus, PLLC at 502-438-9526. Attorney Bolus has more than 20 years of experience helping clients with all types of family law matters. He can assess your situation, help determine if alimony is suitable and guide you through the legal process.