Alimony, which is also known as spousal
support, can be classified into two broader categories; short term support and
long term support.
Reimbursement
which
is a popular form of spousal support is considered long term support. According
to divorce lawyers, one of the important aspects of alimony is that a spouse
can receive short term or temporary support during the period that it takes to
actually finalize the divorce.
The length of time for which a former
spouse should continue paying spousal support payments to the other spouse
depends on the judge or jury’s discretion who consider several things when
determining the amount of spousal support.
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How
long do spousal support payments have to be made for?
A common rule of thumb that a lot of
family court judges seem to go with according to divorce lawyers is that the
period of time for which spousal support payments need to be made should be
half of the tenure of the marriage. By this logic, if a couple was married for
3 years prior to filing for divorce then the spousal support payments will need
to be made for a period of 1.5 years.
No one said marriage is easy but going through a divorce is no walk in the park either. |
Divorce laws are not constant across the
country and can thus vary from one state to the other. In some states such as
Texas and Indiana for example, there exists certain guidelines which the judges
use to come to a decision on how long the support should last while on the
other hand some states have no guidelines at all, explain divorce attorneys.
Utah has a regulation which mandates
that the support simply cannot last longer than the marriage did. Texas and
Indiana caps support payments at three years irrespective of how long the
marriage lasted.
Short
Term and Rehabilitative Support
Short term support is often ordered when
the time that the marriage lasted is terrifically short. Such kind of support
will only run the course of a few years and the end date will be specifically
mentioned in the court order.
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Rehabilitative support is meant for a
spouse who at the time of divorce is unemployed and/or has no source of income
at all. Such support is meant to help them get back up on their own feet and
will cease once the recipient is employed again. If they are not really looking
for work, that could complicate things.
This economy is complicating things too.
There are not enough jobs!
Long
Term and Permanent Support
Permanent support is usually granted in
a marriage that has lasted a decade or more. The judge in such cases may
realize that it is not feasible for the spouse to retrain and get back into the
work force and will hence grant indefinite support. Then they have a real
reason not to learn anything new!
Now in the show The Good Wife the
marriage between Alicia Florrick (Julianna Margulies) and her dishonest and
corrupt Democratic political husband was for more than a decade. And Alicia was
a housewife for that period of time when her husband was sent to prison and had
to hop back into the work force and raise two children. She had a law degree
and she already passed the bar but she did not expect any support from her
husband and none was coming.
It is hard for some people to make a
decent living if they never had to do that before. But depending on someone
else to keep you alive is dangerous in this economy. That is like depending on
the government to pay for your health care and that a high risk proposition. If
you depend on someone or something else to survive, you do not have any
leverage and are therefore at a disadvantage. See the people in China in the
1970s, current day Greece, Venezuela, and so on.
If you need help with spousal support or any
other issue that may have caused a roadblock in your divorce, you can always
count on a divorce lawyer for help. We understand it can be a stressful period
in your life and your legal representative is the one to make sure your rights
are protected and you receive a fair settlement.
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