Alimony laws were significantly changed in the United States over the past 30 years. The changes have led to alimony becoming less commonplace in divorce proceedings according to the American Bar Association.
Divorce, custody and alimony cases are almost always complicated. If you aren’t well-versed in the legalese associated with these issues you might get in over your head very quickly if you become involved in an alimony case. Keep reading to learn about the most important things that will encourage a favorable outcome in an alimony case.
Alimony Is Not Forever
Even after years of alimony law reform across the United States, many people considering pursuing this type of spousal support wrongly presume alimony is awarded indefinitely or until the spouse receiving the benefit remarries. In fact, this rarely is the case, according to the American Bar Association. If alimony is awarded, it’s done so for a specific period of time.
A person in a longer term marriage typically will end up with alimony for a more extended period of time.
Understanding The Rehabilitative Nature Of Alimony
A key to understanding alimony as a means of reaching a favorable outcome is realizing the rehabilitative nature of this type of support in this day and age. Beginning in the 1990s, a trend developed within family law in which alimony or spousal support was designed for financial and economic rehabilitative purposes according to the American Bar Association.
Alimony As A Punishment
While there are isolated cases in which a court awards alimony as a sort of punitive measure against one spouse those situations are rare. They typically occur when a spouse has attempted to hide assets or otherwise evade financial responsibility during a divorce proceeding.
An Alimony Order Does Not Always Translate Into Alimony Payments
A person contemplating pursuing alimony needs to understand frequently a court order for spousal support is not satisfied.
While this can result in sanctions by the court, these many times are slow in coming.
The theory of a bird in the hand is worth two in the bush (no matter how much of a cliché) is important when contemplating seeking alimony.
Legal Help is Crucial
Because of the complexities surrounding alimony law and the associated court procedures, if a person is intent on obtaining this type of support, he or she must seriously consider retaining experienced legal counsel. Each alimony case is unique, which means different rules and statutes will apply. In order to do things efficiently and above board, seek the help of a legal professional and avoid costly mistakes.
Most likely, your alimony case will get messy and confusing. Do your homework on your case so you know what to expect going into it. After you’ve done a little research on your own, meet with your legal representation in order to get your questions asked.
Going into the case uninformed could lead to an unfavorable outcome, so be sure to do your part to prepare in order to improve your chances. The information for this article was provided by Thomas A. Corletta, a criminal defense and family lawyer in Rochester, NY.
