Will I Receive Alimony in My Divorce?

When a couple decides to divorce, they have a number of important issues that they need to settle. The terms of a settlement agreement often include the distribution of assets, child custody, and support and alimony. Alimony is one of the issues that couples often leave until the end, yet it is one of the most common sticking points in a divorce. Even couples who agree about many other issues might have a disagreement when it comes to alimony.

Types of Alimony

In order to be able to better determine whether alimony is necessary in your divorce case, it is helpful to understand the types of alimony. The purpose of alimony is to provide living expenses to a spouse.

Permanent alimony is money that is provided from one spouse to the other after a divorce. This type of alimony is designed to ensure that both parties are able to live the same lifestyles as they did when they were married. Permanent alimony is most common in marriages that laste a long time and in which one spouse had a lower income or earning potential than the other.

Rehabilitative alimony is temporary support that is to be provided for a period of time while one spouse prepares for re-entry into the workforce. For example, when one spouse stayed at home with the children, he or she may now need to go back to school to learn skills needed to obtain a job. There must be a detailed plan for rehabilitation.

Durational, temporary, and bridge-the-gap alimony types are all designed to be a short-term financial solution. The person must have a need for alimony, but it is required only for a short length of time. For instance, bridge-the-gap alimony helps you transition to single life and cannot be provided for more than two years.  

If alimony is necessary, it will become part of the divorce order. It will be paid either in regular installments or in a lump sum, as determined by the court.

Factors That are Considered When Determining Alimony

Alimony is not a given in every divorce. In fact, alimony is less common today than it was 50 years ago. The judge will evaluate a number of factors when determining if alimony is necessary. Some of these factors include the age and health of each spouse, the length of the marriage, the education level and earning potential of each party, and more.

Alimony is certainly one area in which couples commonly disagree. That is because it requires one person to give up some portion of money. Disagreements can sometimes be resolved with help from an experienced divorce attorney. Your lawyer will be able to provide details as to why alimony should be paid and what the recent precedent was in similar cases.

When you are going through a divorce you need a knowledgeable family law attorney on your side. Contact our skilled legal team at Henderson Legal Group for answers to your questions and to discuss your divorce case today.


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