Factors That May Affect Alimony Payments
When determining the amount of alimony, courts take into account a number of factors. First, the recipient’s earning capacity is evaluated. This includes her past work history and income, as well as passive income. For example, if she is a primary caregiver for her husband’s children, her earning capacity will likely be reduced. Second, her earning capacity must be weighed against any debts. Alimony recipients may be required to pay more than their former spouse if their former spouse is unable to pay.
Another factor to consider is whether the payor’s income will be significantly reduced when he or she retires. This can be a significant factor if the payor has retired before the full retirement age. In such a case, the court may determine that a reduction in spousal support is reasonable, but may not terminate it altogether.
If the paying spouse decides to terminate alimony, he or she must file a ‘petition for termination of spousal support’ with a family law court. The petition must contain various documents that document the change in circumstances. The court will schedule a hearing and make a ruling. Depending on the circumstances, the court will grant the petition. After a hearing, the court will issue an order that a spouse can stop paying alimony.
If the supporting spouse begins to earn more money, the court may modify the spousal support order. The court will consider whether the new income will increase the standard of living of the supported spouse. However, the change in income may not make it feasible for the supported spouse to increase the amount of alimony. In such cases, the supported spouse will need to seek the help of an attorney who can help him or her modify the terms of the alimony order.
If a spouse who is receiving alimony remarries or cohabitates, alimony payments will generally stop. However, in some cases, the supporting spouse may be required to continue paying the money despite his or her new partner. In this case, the paying spouse must show that he or she has had a substantial change in circumstances. This can include a rise in salary or a decrease in bonus payments, as well as a decrease in living expenses.
In a long-term marriage, the less-monied spouse is more likely to be awarded alimony than the non-monied spouse. This is because the former spouse traded career opportunities for stay-at-home duties. However, the recipient spouse is still required to make an effort to contribute financially to the household and to the children. Alimony can be awarded for a set period of time or until one spouse reaches self-sufficiency.
Another important consideration is the length of the marriage. The longer the marriage, the stronger the case. If one of the parties has children, this can significantly enhance the case for alimony. In addition, it is important that the recipient spouse has custody of any minor children. Further, the recipient spouse must have supported the recipient spouse’s education.
The other spouse must be able to show that he or she has made a sincere effort to find a higher-paying job. In some states, the recipient spouse must take a vocational evaluation to determine their earning potential. Additionally, there are certain rules about the length of marriage and whether the recipient can get a job after leaving the marriage.
One of the ways to avoid alimony payments is to sign a pre-nuptial agreement before the divorce. A pre-nuptial agreement sets out the financial parameters of the marriage, as well as the division of marital assets and property. The other option is to negotiate a post-nuptial agreement after the divorce. In either case, both spouses should work with a qualified Miami family law attorney to draft a pre-nuptial agreement.
There are also some exceptions. A spouse’s income may be too low to maintain a standard of living. An ex-spouse can also apply for a modified alimony order. This can be a helpful way to get the support you need. If you’re struggling to make ends meet financially, you may want to consider temporary alimony to get through the transition. This type of order may last until your divorce is finalized, and a new support order can be entered.
Besides assisting the payor, a divorce lawyer can also provide advice regarding whether the petition for termination of alimony payments has a chance of success. If the court finds against the petition, they can work with the other spouse to come up with a better plan for the recipient spouse. Moreover, an attorney can also represent the recipient spouse in court when necessary.