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About Law: Cost of Alimony


About Law: Cost of Alimony


Legal: How Do I Estimate What I Will to Pay for Spousal Support in a Divorce?


By TOMMY RYAN

Q: How do I estimate how much I will have to pay in alimony?   

A: Divorce law is established by each state. Often the results are similar, but they take different approaches to get there. To further confuse matters, they often have different terms for the same things. Alimony and child support are addressed separately. 

About Alimony.
Alimony comes in many different forms, and it is based upon the income of the parties, the length of the marriage and lifestyle. It can usually be adjusted for special needs such as a disability. The goal, after a long-term marriage, is to allow each party to leave on an equal footing. Often what is considered equal does not seem so to the parties.    


Temporary alimony.
Temporary alimony is usually paid from the time of the first hearing about the issue until the divorce is final. It may be retroactive, that means when the court orders the payments, it may relate back to the time it was first requested. It may require one of the parties to make certain payments, for example, the mortgage, insurance, car payment etc.   

Rehabilitative Alimony.
This may be ordered in the final judgment. That is usually to allow one party to get qualified for or re-established in a job or profession. This may include paying for school, getting licensed or having funds to pay bills during this time. The goal is to allow the party to become either self-sufficient or less reliant on the other party.    

Lump sum alimony.
With this type, the party gets a one-time payment that equalizes the positions of both parties. Finally, there is permanent alimony. This is usually payable until either of the parties die or the party receiving the alimony remarries.    

Other alimony considerations.
If one party has spent marital funds for drugs or a lover etc., the court may take that into consideration. The amount of marital assets or liabilities each party receives may also reflect what should be awarded. People have been known to quit their jobs to avoid making payments. In situations where the court sees one party taking action like that, the court may attribute the income that you were making as your income and put you in a hole fast.     



Thomas F. Ryan holds a law degree from the University of Miami and has been practicing since 1970. He is a general practitioner with a large portion of his practice in family law. He can be reached at ryanlaw@aol.com.




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