For the most part,
there are two types of spousal support or alimony namely, short term and long
term. Alimony
is paid for a specific period that depends on the judge’s discretion, according
to divorce lawyers from St. John, IN.
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| Divorce lawyers from St. John, IN can help you get back into the work force with a respectable divorce resolution. |
In the event of an alimony
dispute, some judges are of the opinion that if a marriage has
lasted for 10 years then the spouse is entitled to receive alimony for 5 years
after the divorce is settled i.e. half as long as the marriage. In Indiana, it
usually comes down to the judge’s opinion based on the specific circumstances
of each case.
Temporary Support
Temporary support is usually granted to
cover expenses during the separation phase until the time the divorce
settlement is finalized. You can discuss a temporary settlement with your
spouse but legal experts suggest that you do so through a written agreement.
The court will decide the amount of support if you cannot agree.
Rehabilitative Support and Short Term Alimony
Often special circumstances make judges
grant short term alimony that is terminated at a specific date. Rehabilitative
support is paid to a spouse to help him/her get employment in the event he or
she gave up their job after marriage.
There is no fixed date but it ends as
soon as the spouse completes training and obtains employment which is hard to
do in this ongoing recession but it is possible somewhere. If the paying spouse
proves to the court that the recipient spouse is not utilizing the money for
the purpose of re-training or isn’t genuinely seeking employment then the court
can stop the alimony, according to Indiana divorce attorneys.
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saved lives. It may not be able to save your marriage but it can make sure you
are not left in a terrible financial situation when this divorce is finalized.
Permanent Alimony
This is usually granted to someone who
has been in a marital relationship for more than 10 years and potentially won’t
find it easy to join the mainstream workforce. Permanent alimony ceases if the
spouse remarries or becomes involved in a live-in relationship.
Reimbursement Support
According to St. John, IN divorce
lawyers this type of support is not based solely on the spouse’s financial
requirement. Often in a marriage a partner sacrifices education and career to
take care of the family and may have to take up a job that is neither lucrative
nor satisfying. The other spouse therefore gets the opportunity to thrive.
You saw this in the show The Good Wife
with Alicia Florrick (Julianna Margulies) who spent 13 years as a housewife
while her husband, Peter, was the state’s attorney. Alicia chose to put here
law career on hold and chose to abruptly get back into the workforce when she
found out Peter slept with a prostitute. Not impressive!
This is done with the hope that once the
spouse starts making good money he or she will enjoy a higher standard of
living and then the sacrificing spouse will resume his/her career for a better
position. But if the marriage ends before the expectations are materialized
then the sacrificing spouse may be entitled to reimbursement support.
The moment you realize that your
marriage is no longer tenable it is prudent to consult an Indiana divorce lawyer.
Disagreements
over alimony and child support are common and having a legal advisor
will help mitigate tension and solve sensitive issues such as alimony and child
support. This is the best way to protect your rights and ensure that you
receive a fair settlement.
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