If you are going through a divorce, chances are the subject of alimony has been brought up. Alimony, also known as spousal support, is the money that one spouse pays to the other so they can maintain their standard of living after the divorce. But everything you’ve heard about alimony may not be fact. We will debunk 5 common alimony myths so that you can have a clear picture of what alimony entails and how it will impact you, no matter what side you’re on.
Who Pays Alimony?
Typically, the spouse who receives has a lower income and a limited ability to increase their earnings to a level that would allow them to have the same quality of life as when they were married.
A court can award alimony when a marriage has dissolved. During the divorce proceedings, a couple may agree that one spouse will pay the other alimony. A prenuptial agreement can also dictate who will pay alimony and how much.
The paying spouse will send regular payments to their ex on a pre-arranged schedule. An alimony order can also include an income-withholding order. This requires the paying spouse’s employer to take the money directly out of their paycheck and give it to their former spouse.
Debunking Alimony Myths
Myth: Everyone Gets Alimony
Fact: Not everyone will receive alimony during a divorce. It is decided on a case-by-case basis. If there is no prenuptial agreement and a couple does not agree, the court will look at several factors to determine if alimony will be awarded. This includes the length of the marriage, earnings, financial need, fault in the divorce, and age. If you have been married for less than 10 years, you will likely have a harder time of receiving alimony than someone who was married for 25 years.
Myth: Alimony is Permanent
Fact: Alimony is usually temporary. The goal is to help the lower-earning spouse during the transition period following divorce. This can allow time to get a new job, seek higher education, and take steps to have a higher earning potential.
Permanent alimony can be awarded in situations where the earning difference between the two spouses is substantial and will be persistent. If one spouse cannot self-support themselves for whatever reason, the court may award permanent alimony.
Myth: Alimony Ends When Someone Gets Remarried
Fact: While remarriage can play a huge role in when alimony will end, it is not automatic. Some agreements state that payments will end when the receiving spouse remarries. Other agreements could state that a court order is necessary to terminate support. This is why it’s important to have clear language in the agreement if this situation arises.
Myth: Only Women Receive Alimony
Fact: There is an outdated stereotypical myth that only women receive alimony. Alimony decisions are gender-neutral and are based on many factors that have nothing to do with gender. It is not uncommon for men to receive alimony if they are the lower-earner and meet other criteria.
Myth: Alimony Amounts Never Change
Fact: The amount of alimony can be modified under certain conditions. This can include a change in financial situations. Job loss or illness could decrease the amount of alimony owed, while a huge promotion could increase the amount. It is necessary to revisit the court to make any adjustments in alimony payments.
Because there are so many different factors that can impact alimony, it is important to have a reputable divorce attorney on your side to guide you and make sure you get a fair deal.
Are You Looking for a Divorce Attorney?
If you are looking for a divorce attorney to help with your proceedings, attorney William Strachan can help. With more than 35 years of experience, you can feel confident that you have the right person representing you. Contact our office today at 714-841-1931, to learn more.
