The issue of who pays for spousal support is a common point of concern for many couples going through a divorce, and there are several types of alimony that a court may grant depending on the situation. If you require assistance establishing alimony or have questions about the extent of your obligation, a Saratoga Springs spousal support lawyer could offer clarity. An accomplished family law attorney could help you understand the full scope of your rights under the state’s alimony laws and the type of support you may have to provide or receive.
In most situations, the length of time the couple was married directly impacts how long the paying party makes spousal support payments. Depending on the case, a judge may enter an alimony order for a specific length of time, or the order could be indeterminate. The longer that a couple was married, the more probable it is that spousal support will be made available for a significant period. For instance, if a couple was married for two decades, the receiving party could be entitled to spousal support for 10 years following the divorce.
Spousal maintenance can terminate if the receiving party gets married again, is cohabitating with a new romantic partner, or one party passes away. A proactive attorney in Saratoga Springs could offer guidance on the potential duration of spousal support payments in someone’s specific case.
There are several kinds of spousal support: permanent, rehabilitative, and temporary. The judge might order someone to pay permanent spousal support if the couple was married for a considerable length of time. Another situation where the court may grant permanent support is when the receiving party can show that they would be unable to maintain the standard of living they enjoyed during the marriage if they were no longer able to get alimony payments. In general, courts award permanent spousal support based on the receiving party’s ability to demonstrate need.
Courts grant rehabilitative support only for a certain period and give the receiving party time to get set up financially after a divorce. For example, if one spouse quit working to be home with their children, rehabilitative support could pay for their living costs while they acquire the training needed to obtain gainful employment and become self-sufficient.
Temporary support is only for a short amount of time. An order of temporary support remains for a certain time and may be paid to one party before divorce proceedings finalize.
It may be possible, in some cases, to change a spousal support order after it has been entered. However, there are limited circumstances in which one party may request modification. Usually, a major change in the financial circumstances of either the paying or receiving spouse will need to have occurred. A Saratoga Springs attorney could review the provisions of someone’s spousal support agreement to determine whether a modification may be possible.
The respective salaries and assets of divorcing spouses will typically be a significant factor when the judge is determining whether any type of spousal support should be paid. However, other factors may also have a bearing on the court’s final decision. Besides the wealth and earning capacity of both parties involved, each person’s age, the duration of the marital union, whether or not the couple shares children, and the extent to which either party played a role in increasing the couple’s assets may also be considerations a judge may take into account. An experienced legal professional serving Saratoga Springs could assess a couple’s divorce case and determine if spousal support may be a viable option.
There is no guaranteed outcome for the determination of spousal maintenance in someone’s divorce case. The court will draw upon a range of factors, including the state’s guidelines and the facts of your case, to determine whether or not any form of support should be granted. A qualified Saratoga Springs spousal support lawyer could push for a fair outcome and advocate for your rights at all stages of your divorce proceedings. To schedule a consultation, reach out to our office today and speak with a legal team member.
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