Nobody marries the love of their life just to get separated a few years later. But then life happens! Two people who couldn’t wait to see each other not too long ago can’t see eye to eye with each other.
However, in a strained marriage, responsibilities don’t take a backseat. They still need to be supported through monetary means, and that’s where alimony comes into the picture.
The alimony laws in North America are difficult to understand whether you take the example of Canada or the USA. Without an experienced spousal support lawyer, getting your expected alimony might become too difficult for you to handle on your own.
But worry not; in this article, you’ll know everything you need to learn about alimony. So, let’s dive in now by first understanding spousal support!
Table of Contents
What Is The Meaning Of Alimony And Spousal Support?
Alimony or spousal support is a financial framework that can be made to support a lower-earning spouse once the divorce proceedings are over. The most difficult aspect of alimony is to calculate the amount or extent of spousal support. This is because calculating alimony is complex and depends upon the conditions in which the divorce takes place between a couple. This maintenance amount is usually paid once every month. However, it can also be paid on a lump sum basis.
Different Types Of Alimony:
The total amount of alimony and its kind is dependent on the reason for which the divorce was taken. There are some cases in which the lower-earning spouse will get alimony temporarily while the divorce proceedings are ongoing. Once this period is over, the rehabilitative alimony may help the spouse get back on their feet with the help of the right education or learning skills that the current job market needs.
The type of alimony that lasts for a lifetime is not as common as you might think. But, it might be granted by the court in cases where the couple had a long-term marriage. It might also be given in cases in which relying on oneself might not be sufficient for the spouse to take care of their expenses.
The lump sum alimony is paid in one go and the amount is usually the exact one ordered by the court.
By knowing about the type of alimony in your case, you will be better prepared mentally and financially. However, if you want to know even more, there are many professional alimony attorneys you can get in touch with. They will help you in your case, for sure.
Why Does One Spouse Have To Pay Alimony To The Other?
There are many purposes behind this phenomenon. A spouse will have to pay spousal support to their estranged partner because of the following reasons:-
- If the other spouse had to sacrifice their potential to earn income while they were married.
- In case one of the spouses is taking care of the children, which is a lot more than what they were obliged to do by the rule of law.
- When the financially stable spouse has to support the other one because of the abrupt ending of their marriage.
Apart from the above-mentioned three conditions, the spouse who is receiving the alimony has to become self-supporting as soon as they can.
Can You Ask For Spousal Support?
Let’s say there’s a married couple that got divorced. Any one of the spouses in that estranged marriage agreement may apply to get spousal support under the ever-powerful Divorce Act.
In the majority of cases, spousal support is usually applied for by the spouse who is earning the lower income of the two. In every case, the judge needs to consider several factors to conclude whether the alimony should be paid or not. Some of those crucial factors are as follows:-
- The financial arrangements that the divorced couple had, along with their ongoing requirements related to money. The current circumstances of both spouses are also factored into the judgement.
- The total amount of time the couple had been together as a married couple.
- Considering the roles that each spouse played monetarily when they were married.
- What was the effect of those roles? Alongside this, the impact of the divorce on the financial situations of both spouses.
- The current responsibilities that the spouses must take care of. It includes taking care of the children at the pre-divorce level!
- Any kind of past orders or arrangements made by the divorced couple related to alimony.
Do You Need To Pay For Both Spousal And Child Support?
The answer to this question is both yes and no! There have been many cases in the past where a person was ordered to pay for both spousal and child support. But, as per the Divorce Act, child support is prioritized over alimony.
It means that if you don’t have the means to pay for both child support and alimony, the money is allocated firstly to child support. You can consult a spousal maintenance lawyer to know why child support is prioritized over spousal support or alimony.
How Long Will You Have To Pay The Alimony?
The exact duration of the alimony support is based on several factors and that too, on a case-by-case basis. It depends on the duration of time the couple was together or the age when they got separated.
There are cases in which the alimony is paid for a shorter duration. There have also been cases where the status quo of alimony is maintained until there is an order from the court or a change in agreement.
Wrapping Up:
The alimony laws are quite vast and you don’t need to understand it fully. You just have to follow some pointers and guidelines to get the alimony you deserve.
However, if you need to get the best spousal support lawyer, there’s a non-negotiable thing that you must do. It’s to get in touch with a top-notch alimony law firm in your area. They will help you quite a lot!
About the Author:I am Leker Britannia, a creative content writer with eleven years of experience working in a legal firm. I specialize in crafting engaging and professional content. Visit my Website on https://gillandgilllaw.ca/spousal-support-law/.
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