Alimony, commonly referred to as Spousal Support, is a type of payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the supporting spouse to the dependent spouse.
In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider acts of adultery on the part of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
In divorce cases, alimony is based primarily on two important factors:
The amount of alimony is itemized so that the court may ensure the one who may be ordered to pay alimony will not be unnecessarily ordered to pay for specific items requested by the one seeking spousal support that are out of the scope of necessity.
The third factor is often accessed because alimony is designed to provide a necessary income supplement for the spouse seeking alimony... not for the purpose of allowing the one paying alimony to support the other spouses extravagant lifestyle choices.
If you are seeking alimony:
As your attorney, will make every reasonable effort under provided by law to show that alimony is warranted in your case, as well as showing the amount of alimony requested is both necessary and justified.
If alimony is being sought againt you:
As your attorney, will make every effort provided by law to ensure the argument for alimony meets the legal standard for an award of alimony. If the standard for an award of alimony is met, your attorney will seek to ensure each item covered in the request for the alimony amount is justified, is not an exceptional demand that should not be considered in determining the amount of alimony to be paid, and that the amount of alimony to be paid does not place you in a sate of financial hardship.
The Law Office of
JOSHUA E. SCHOEN, P.A.