For the most experienced and trusted legal advise for alimony in Colorado Springs, Pueblo, and Castle Rock areas, read the information below from Maceau Law:
Alimony, which is also referred to as spousal support, is a monthly payment made by one spouse to the other in fulfillment of a court decision or a settlement agreement after a divorce. The purpose is to prevent the unfair economic effects of a separation by providing one party an income after a divorce. For example, a spouse that stays at home with children will have no means of income after a divorce without receiving a settlement. In such cases, you may be best to seek legal advice from an experienced divorce attorney.
How is the amount of alimony determined?
Courts have broad discretion when it comes to determining if a person should be awarded alimony, how long it should be given and how much is reasonable. The Uniform Marriage and Divorce Act, which is used by many states to determine what is fair, advises courts to use the following criteria when awarding alimony:
- the ability of the spouse who is going to pay alimony to pay alimony and still support himself of herself
- the duration of the marriage
- the couple’s previous standard of living before the marriage dissolution
- the length of time alimony is required until the recipient can become self-sufficient
- the financial condition, emotional state, physical condition and age of each spouse
How long is alimony paid?
Alimony is often times only required for a limited amount of time. This is because the court expects the dependent spouse to become self-sufficient, meaning they will no longer need it to meet their financial needs. However, in some cases, there is no termination date listed on the court orders, meaning it would continue until the court orders otherwise. Almost all alimony arrangements end if the dependent spouse remarries.
New trends in alimony cases:
In the past, the vast majority of alimony awards benefited former wives since husbands were the traditional breadwinners. However, as the culture has evolved, alimony trends have also changed. Now, most marriages include two wage earners. Consequently, in many cases today, women are required to pay alimony to their former husbands.
Alternatives to monthly payments:
Alimony is not always paid on and month-to-month basis. In some cases, courts one lump sum payments. One possible benefit of receiving a lump sum payment instead of monthly payments is the possibility of receiving a higher amount of money. In addition, collection problems do occur in regards to alimony, and receiving all the alimony owed in one lump sum does eliminate this potential problem.
How is alimony enforced?
Unlike child support payments, alimony payments are not as easy to enforce. There are no options of wage garnishment or liens. The only action the recipient could take if they are not receiving their payment is returning to court for a contempt proceeding thus forcing payment.
What does setting up alimony payments cost?
A large amount of money can be saved if the two spouses can settle on a payment amount out of court. When the amount or length of alimony is in contention, a court case ensues, which costs both spouses monetarily.
Why hire an attorney when fighting for alimony?
Even when spouses do come to an agreement out of court on alimony payments and amounts, having an experienced lawyer look over the legal documents can save valuable time and money. An experienced attorney will find any errors in the agreement and can aid in negotiations if alimony is still in contention. Of course, an attorney should be hired if the there is any risk of an alimony case ending up in court.
What to look for in an alimony attorney:
Since alimony is often decided during divorce proceedings, a good divorce attorney will understand how to handle alimony. The following are some general attributes to look for when hiring a lawyer to orchestrate a divorce case:
- Qualifications: Hiring a lawyer who understands the state laws and mandates in regards to alimony is wise.
- Highly recommended: Choose a lawyer who has had success in the past trying cases in which alimony was decided.
- Communicates well: Look for a lawyer who communicates well. This ensures that what the client wants is understood and fought for in court or during any settlement agreements.
Talk to an experienced and trusted lawyer today about alimony in Colorado Springs, Pueblo, and Castle Rock areas
Call Maceau Law at 719-633-2222 to schedule an appointment for a legal consultation with one of our divorce lawyers in Colorado Springs regarding your legal issue for alimony.