Alimony can be issued to one spouse in a divorce case when one spouse needs financial assistance as a result of the pending divorce. When one spouse earns the majority of the income in the household, and the parties separate, a need is created to help the spouse earning less income to survive and live a comfortable life. The law does not require one spouse to face a drastic change in his or her lifestyle simply due to the fact that the parties are no longer a married couple. Alimony is awarded when one party has a need and the other has the ability to pay. The party requesting alimony must meet the burden to show they have a financial need and that the other spouse has the ability to pay. Both standards must be met in order for the court to grant an alimony request. Alimony is granted based on the following factors:

  1. Length of the marriage
  2. Any pre-marital agreements or prenups that address alimony or support
  3. Both parties income and the income each party contributed to the marriage
  4. Sources of income available to either party
  5. Physical, mental, and emotional status of each party and their ability to obtain gainful employment and/or provide income to the family
  6. Education, training , and experience of each party

Alimony can be awarded based on a temporary or permanent basis. Types of alimony include bridge the gap alimony, rehabilitative alimony, durational alimony, permanent periodic alimony, and lump sum alimony. Each case is analyzed based on the factors above and the attorneys at the Law Offices of Alyssa D. Honickman will critically examine the facts of each case brought to the firm and will provide confidential, professional and personal attention to your case.

 

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