What You Should Know About Alimony Before a Divorce

When one spouse in a divorce earns significantly more than the other, it is almost a certainty that there will be an alimony arrangement as part of the divorce decree. The alimony payer is required to pay a specific amount of money each month until a certain date, the remarriage of the receiving spouse, the death of either spouse or any other significant event as specified in the divorce decree.

You and your spouse can set your own alimony terms so long as both parties agree to those terms. But if you are unable to agree, the court will set the terms for you, which means you can expect the divorce process to be longer and more expensive.

Here are some things you should know about alimony before diving into divorce negotiations.

Factors to consider as an alimony recipient

Whether you qualify for alimony depends on your earning capacity, not necessarily your current standard of living. Other factors that influence how much you can receive include how much your spouse earns and the standard of living you enjoyed during the marriage.

The court might require you to make some changes to your lifestyle before you can receive alimony. If you did not work or only worked part time, the court might require you to seek full-time employment in a new field to enhance your earning capacity.

If your spouse does not make the required payments, it is important to take legal action immediately through a contempt proceeding or an earnings assignment order. These orders have the same weight and power of any other type of court order, meaning your former partner could be subject to some significant penalties if they fail to abide by them.

To learn more about alimony and the divorce process, consult a skilled divorce lawyer with Bryan L. Salamone & Associates.