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Understanding the complexities of alimony and navigating through the process can be challenging, especially when you're already dealing with the emotional strain of a divorce. One of the most common questions we hear from clients is, "Do I have the right to ask for alimony?" Today we'll highlight the key factors that determine your eligibility for alimony, providing you with a clear understanding of your rights and options available.
The length of your marriage plays a pivotal role in determining the likelihood and amount of alimony you may receive. Courts typically categorize marriages into three main brackets:
Short-term Marriage (0-7 years):
In short-term marriages, which span from zero to seven years, the likelihood of receiving substantial alimony is relatively low. While not impossible, the focus here is often on proving financial independence for both parties.
Moderate Marriage (7-17 years):
Moderate marriages, ranging from seven to seventeen years, present a more favorable scenario for alimony. Courts may be more inclined to consider the financial disparities between spouses and award support.
Long-term Marriage (17+ years):
In long-term marriages, which exceed seventeen years, the chances of receiving alimony are significantly higher. This category often leads to the possibility of permanent alimony. Permanent alimony is a type of support that continues until the recipient spouse either remarries, passes away, or the paying spouse passes away. Importantly, if the paying spouse remarries, it does not affect the alimony payments.
Evaluating Need vs. Ability to Pay:
The court evaluates the asking party's need against the paying party's ability to provide support. It's important to note that both elements must be taken into consideration, not just one or the other. This balance ensures that alimony awards are fair and just.
Using Financial Affidavits:
Financial affidavits play a key role in the evaluation process. These documents provide a detailed breakdown of each party's financial situation, including income, expenses, assets and liabilities. They help establish the monthly deficit (the financial need, if any) of the asking party.
Understanding your rights and eligibility for alimony is a crucial first step in the divorce process. The length of your marriage, financial affidavits, and the assessment of need versus ability to pay all play key roles in calculating an alimony payment. Although the guidelines of alimony are straightforward, the process is not always cut and dry. In many cases, there are changing circumstances that can have an impact on alimony and you always need to be aware that there are not hidden assets or income discrepancies. If you have questions or need further help, don't hesitate to consult with an experienced family law attorney who can give you advice tailored to your specific situation.
