All About Alimony
September 18, 2012 By The Law Office of Francesca S. Blanco
Payments can be made to a spouse deemed as dependent if the court finds that they are financially reliant on their other spouse. Alimony can come with other names. It is known as spousal support or maintenance depending on the state. Regardless of what it is called, it seeks to gain the same goal: provide a dependent spouse with financial compensation.
While the overall aim may seem somewhat simple, these cases can often be just the opposite and there are many factors that can come in to play. Alimony cases will vary depending on the geographic location and different states may have their own way of determining the amount and distributing it. Alimony originally comes from a Latin term that means “to nourish” and that was the original intention for developing it.
It gained more of its roots in past circumstances in which a wife had become dependent on her husband. Whether she spent her days looking after the kids or she remained taking care of the house, in the event that her husband chose to divorce her she would typically be upstream without a paddle. Having little to no prior work experience the wife was not competitive on the job market and would often be unable to provide for herself or her children. Alimony was developed as a means of bridging this gap and could continue on short term until the woman did find work, or it might remain lifelong or until she remarried. It was a form of protection for the wife, especially when a divorce was the result from misconduct on the part of the husband. It prohibited him from being released from his obligation to provide as a result of some form of unfaithfulness.
Today spousal support is still used although many of the surrounding influences have changed. No longer is the woman the main one that is able to seek it. More and more husbands are seeking to either avoid paying or to even receive payments themselves. With the job force adapting, many wives have become equal amongst their husbands in the workplace, if not on a higher level. They may be able to support themselves in the event of the divorce and their husbands may even require assistance. With both parties being eligible, the court is careful when making its determination of whether or not to award support.
Typically they will review both parties in regards to their ability to earn, their current income, their ability to be competitive in the job market, their age, skills, the length of the marriage and other pertinent information. The courts may choose to award support long term or on a contingency basis that is dependent on when the spouse retains a job or finish school. The payment may be made in a lump sum or is often dragged out and made each month. In some cases the couple can make the terms of spousal support and the court can review them to see if they are fair. Often times the court will assess who they believe is considered “dependent” and will have the overall say on the issue.
ABOUT THE AUTHOR: The Law Office of Francesca S. Blanco
The Law Office of Francesca S. Blanco offers those going through a divorce the supportive and qualified legal assistance they need to bring the ending of their marriage to a final close. A Morris County divorce attorney from the firm is highly knowledgeable in family law matters and is able to assist clients in both contested and uncontested divorces. They are also experienced dealing with child protective services matters and can offer a unique skill for divorce matters involving children.
Copyright The Law Office of Francesca S. Blanco
More information about The Law Office of Francesca S. Blanco
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
It gained more of its roots in past circumstances in which a wife had become dependent on her husband. Whether she spent her days looking after the kids or she remained taking care of the house, in the event that her husband chose to divorce her she would typically be upstream without a paddle. Having little to no prior work experience the wife was not competitive on the job market and would often be unable to provide for herself or her children. Alimony was developed as a means of bridging this gap and could continue on short term until the woman did find work, or it might remain lifelong or until she remarried. It was a form of protection for the wife, especially when a divorce was the result from misconduct on the part of the husband. It prohibited him from being released from his obligation to provide as a result of some form of unfaithfulness.
Today spousal support is still used although many of the surrounding influences have changed. No longer is the woman the main one that is able to seek it. More and more husbands are seeking to either avoid paying or to even receive payments themselves. With the job force adapting, many wives have become equal amongst their husbands in the workplace, if not on a higher level. They may be able to support themselves in the event of the divorce and their husbands may even require assistance. With both parties being eligible, the court is careful when making its determination of whether or not to award support.
Typically they will review both parties in regards to their ability to earn, their current income, their ability to be competitive in the job market, their age, skills, the length of the marriage and other pertinent information. The courts may choose to award support long term or on a contingency basis that is dependent on when the spouse retains a job or finish school. The payment may be made in a lump sum or is often dragged out and made each month. In some cases the couple can make the terms of spousal support and the court can review them to see if they are fair. Often times the court will assess who they believe is considered “dependent” and will have the overall say on the issue.
ABOUT THE AUTHOR: The Law Office of Francesca S. Blanco
The Law Office of Francesca S. Blanco offers those going through a divorce the supportive and qualified legal assistance they need to bring the ending of their marriage to a final close. A Morris County divorce attorney from the firm is highly knowledgeable in family law matters and is able to assist clients in both contested and uncontested divorces. They are also experienced dealing with child protective services matters and can offer a unique skill for divorce matters involving children.
Copyright The Law Office of Francesca S. Blanco
More information about The Law Office of Francesca S. Blanco
View all articles published by The Law Office of Francesca S. Blanco
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
