There are many ways to get alimony, sometimes called spousal support or maintenance, but the requirements are going to vary quite a bit by state. This is really based on the fact that couples have an obligation to support each other while married. While there are some rules that will apply to most states, there are virtually none that apply to all. For the purposes of this article, I will focus on "averages." There are many ways to get alimony, which we will look at.
Age of parties at time of divorce:
The ways to get alimony are quite vast. The age of the parties when the divorce occurs is something that will typically be taken into account. Generally speaking, when you are younger it's much easier to move forward after divorce and get back to life. Older people will generally have a little tougher go of it. Ways to get alimony, which the court will consider, include the age of the parties at the time of the divorce. This is common in almost all states. If you are older, it's one of the ways to get more alimony over a longer period of time. The amount of maintenance you receive will vary, depending on what the court decides. You can also check out an alimony payment calculator to see where you may fall.
Length of marriage:
One of the ways to get more alimony will hinge on the length of the marriage (or civil union) in almost all states. Generally speaking, if you have been married for a longer period of time, you will be able to get more spousal support or maintenance. Shorter marriages will generally required less alimony to be paid. It's just one of the ways the court looks at these things to determine how much spousal support or maintenance should be paid to either party at time of divorce. Generally speaking, this is one of the most important ways to get alimony. This will generally hold a lot more weight than many of the other issues the court will use to consider spousal support payments.
Means to which you have become accustomed:
The ways to get alimony will hinge on the lifestyle you have lived during the marriage. Over time, you begin to get accustomed to a certain level of income and lifestyle. Spousal support and maintenance are really a way to help the party live the lifestyle to which they have grown accustomed. One of the ways to get alimony is to prove that not getting the maintenance would have a major impact on your lifestyle. Couples that have more money will have a need to pay more spousal support, in most cases. If you were pretty poor, you may not get any, since the lifestyle you were accustomed to living is easy to attain. One of the ways to get alimony is to show that you have become accustomed to a certain lifestyle which you cannot attain on your own. This may help you get a little more spousal support following the divorce.
The ways to get alimony that your attorney may explore will often include additional spousal support to allow time to go to school. If the financial prospects of one party are not very good, the court may award longer spousal support payments, and great payments. The court will determine how much the person will need to get on their feet, and begin to support themselves on their own. The ways to get alimony will include showing a lack of job training, or a bleak financial future. You may be able to increase the amount of spousal support you get by showing a lack of real job training. This is one of the ways to get alimony that your attorney will likely consider during the court proceedings.
Some states are no fault, but not all of them. The ways to get alimony will include showing who is at fault for the breakdown of the marriage. If you live in a state that takes fault into consideration, one of the ways to get alimony will be showing the court that the marriage was broken down due to the actions of the other spouse. Some states will award much more spousal support when you can prove your case. It's one of the ways to get alimony that your attorney will explore.
If you live in a no fault state, this will not be considered. Many states are no of the no fault variety, since it really speeds up the divorce process. It's one of the ways to get alimony, but only in states that recognize, and assign fault in the divorce. To find out if your state is at fault, or no fault, be sure to do a little investigating. If you have an attorney, he or she will know if it's one of the ways to get alimony. After all, it's their job to know these things.
Those in poor health may not be able to support themselves, so it's one of the ways to get alimony. Many courts will determine how much spousal support a party gets based on their health. Those in great health will not find any luck with this as one of the ways to get alimony. Those with legitimate health issues will likely receive more spousal support and maintenance. Your attorney will help make your case for you if you are in poor health, so you can receive longer, or greater maintenance payments.
Is child support the same thing?
Child support is not one of the ways to get alimony. This is a completely separate payment, and has no bearing when trying to determine how much maintenance or spousal support a party should receive. Many people get this confused as one of the ways to get alimony. It is a separate issue.
How long will I get payments?
While the courts all have ways to determine how much alimony you get, they use similar means to determine how long the payments are made. Some states may have maximum terms, but the judges hearing the case still have a certain level of discretion which they can apply.