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Alimony: A Court-Mandated Monetary Payment

Posted by on Aug 5, 2017 in Alimony | 0 comments

According to the Marshall & Taylor PLLC, law firm, after a married couple divorces or separates, it is not uncommon for one partner to experience a substantial decline in their standard of living. Issues such as staying at home to take care of children or sacrificing professional opportunities for another spouse’s career can place a person at a significant disadvantage following a divorce. For this reason, many divorce settlements include spousal support in the form of alimony payments.

Alimony or spousal support is one spouse’s lawful obligation to give monetary support to his or her former partner after separation or divorce. Formerly, spousal support consisted in the husband paying his former spouse. Life’s circumstances, however, have greatly changed. Today, more men than women are without work, making them contribute more time to child-care and in the performance of household chores, while more and more workplaces are being populated by single women and mothers. Thus, modern day practice has given way to gender parity, so that the support is now supposed to be provided by whoever has financial strength and stability.

Alimony is a court-mandated monetary payment that one spouse should make to his/her former partner; it is also known under the names spousal support or spousal maintenance. When making decisions on the issue of alimony, courts usually consider the following factors:

  • earning capability of both spouses;
  • age and health of the spouses;
  • earned and potential income, and assets of both spouses; and,
  • length of marriage.

There are different types of alimony or forms of payment recognized in the United States:

  • Temporary alimony or alimony pendente lite: this type of alimony is awarded to one spouses even while the divorce case is still pending;
  • Rehabilitative: this type of alimony serves as a re-education or re-training support that will help one spouse find a good-paying job and, so, become self-sufficient;
  • Permanent: this court-ordered regular payment (usually monthly) is to enable the recipient spouse to continue to enjoy the standard of living that he/she enjoyed before the divorce. This ends, however, when the recipient spouse remarries or dies, or if the court modifies its order.
  • Lump sum: if the spouse supposed to provide spousal support has been deemed as totally irresponsible in ensuring the monthly payment to his/her former partner, then the court may order this single lump sum alimony payment instead.

Failure to pay spousal support can merit the contempt of court. The punishment accompanying this failure can include fines, imprisonment, wage garnishment, liens on property and seizure of earnings, such as earnings from tax refund.

As explained in the website of the law firm Marshall & Taylor PLLC, “When it comes to alimony, there are a number of different legal issues that often need to be addressed. For these and other concerns relating to alimony arrangements, it is often best to have an experienced legal representative on your side, ensuring your interests and needs are represented and heard.

 

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The Different Types of Divorce Explained

Posted by on Oct 1, 2016 in Divorce | 0 comments

While the ultimate goal of married couples is to make their marriage last for as long as possible, couples still end up deciding to end their marriage and file for divorce. For those who really want to call it quits when it comes to their marriage, there are different kinds of divorce that they can choose from. Raleigh divorce lawyers will tell you that regardless of the type of divorce you want to pursue, it will be a complicated legal matter.

All types of divorce are governed by no-fault laws. It will all boil down to your willingness and of your spouse to work together during the entire process. Here now are the different types of divorce:

1. No-Fault Divorce

Gone are the days when one spouse had to be at fault in order for them to leave a marriage. There were various grounds that need to be proven such as adultery, physical or mental cruelty and desertion. Long ago, state decisions on divorce were dictated by the fault philosophy. In a n-fault divorce, no one is at fault for the failed marriage.

2. Uncontested Divorce

In uncontested divorce, both spouses have mutually agreed to end their marriage. They have come up with an agreement as to who gets the property, any financial issues, and the children. While it is quick and simple, it may cause one of the spouse to give up their rights.

3. Simplified Divorce

A simplified divorce combines the elements of an uncontested and a no-fault divorce where none of the spouses are at-fault. Simplified divorce is usually done by people who have only been married for a short period of time and have no children or marital assets to fight about.

4. Limited Divorce

Limited divorce is like legal separation and is prohibited in some states. It is chosen by couples who want to arrange their finances and settle some issues in order to give themselves some time. In limited divorce, the couples are required to live separately.

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