Family Law
Alimony/ Post-Separation Support
Alimony or spousal support is an amount that would be awarded to a supported
spouse upon the dissolution of the marriage. The goal of an alimony award
is to leave the supported spouse in the same standard of living that they
are accustomed to. There does not have to be any adultery or other fault
ground, only a clear indication that one spouse makes more money than the
other. Fault grounds, although unnecessary, may be alleged to augment or
avoid alimony.
This is an unpredictable area of law. You should consult with an attorney
before seeking alimony, but make sure that there is a good chance of recovery,
otherwise, you may spend more money trying to get it than you stand to gain.
People who were married for short periods of time or where there is not
much disparity of income probably should not apply. It is important to understand
all possible outcomes before filing an action. If you should choose to proceed
with an alimony action, you must proceed aggressively, but do not appear
to be spiteful.
If your ex-spouse is seeking alimony from you, it is important to appear
to desire to be supportive, but make your financial limitations clear. In
many cases, a supporting spouse may agree to give away much more alimony
than they would otherwise have to due to a feeling of guilt. Make sure you
talk to an attorney before reviewing any proposed settlements. It is very
difficult to modify an alimony settlement, so make sure you get it right
the first time.
Contact DeWitt Law for assistance with alimony
/ post-separation support.