Divorce can bring significant changes to both partners’ lives, including financial adjustments. Alimony, also known as spousal support, is designed to provide financial assistance to a lower-earning or non-earning spouse during and after a divorce. Understanding the basics of alimony is crucial for both parties to navigate this aspect of the divorce process effectively. In Milwaukee, working with a knowledgeable divorce attorney can help you understand your rights and obligations regarding alimony. Here’s a comprehensive guide to the basics of alimony.
1. What is Alimony?
Alimony is a financial payment made by one spouse to the other to provide support during or after a divorce. The purpose of alimony is to help the recipient spouse maintain a standard of living comparable to what they experienced during the marriage. It is intended to ensure that both parties can transition smoothly into their post-divorce lives.
2. Types of Alimony
There are several types of alimony, each serving different purposes:
- Temporary Alimony: Also known as pendente lite support, temporary alimony is awarded during the divorce proceedings to provide financial assistance to the lower-earning spouse until the divorce is finalized.
- Rehabilitative Alimony: This type of alimony is designed to support the recipient spouse while they gain the education, training, or skills necessary to become self-sufficient. Rehabilitative alimony is typically awarded for a specific period.
- Permanent Alimony: Permanent alimony is awarded when the recipient spouse is unlikely to become self-sufficient due to age, health, or other factors. This type of alimony continues until the recipient remarries or either party passes away.
- Reimbursement Alimony: Reimbursement alimony is awarded to compensate one spouse for financial contributions made to the other spouse’s education or career advancement during the marriage.
3. Factors Considered in Determining Alimony
Courts consider various factors when determining alimony, including:
- The length of the marriage
- The age and health of both parties
- The income and earning capacity of both parties
- The standard of living established during the marriage
- The financial and non-financial contributions of each spouse to the marriage
- The needs and obligations of each party
- Any agreements made between the spouses regarding alimony
4. Modifying Alimony
Alimony orders can be modified if there are significant changes in circumstances, such as a change in income, employment status, or health of either party. To request a modification, the party seeking the change must file a motion with the court and demonstrate the need for adjustment. Working with an experienced divorce attorney can help navigate the process of modifying alimony orders.
5. Enforcing Alimony
If a spouse fails to comply with alimony orders, the recipient can seek enforcement through the court. This may involve wage garnishment, seizing assets, or other legal actions to ensure that alimony payments are made. A divorce attorney can provide guidance and representation in enforcing alimony orders.
Conclusion
Alimony is a critical aspect of divorce that ensures financial support for a lower-earning or non-earning spouse. Understanding the types of alimony, the factors considered in determining alimony, and the processes for modifying and enforcing alimony orders can help both parties navigate this complex issue. Partnering with a knowledgeable divorce divorce attorney in Milwaukee can provide valuable guidance and representation, ensuring that your rights and obligations regarding alimony are protected.
By understanding the basics of alimony and seeking professional legal support, you can achieve a fair and equitable resolution that supports both parties’ transition to post-divorce life.