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The Basic Elements Of An Alimony Agreement
For the layperson, the illegalities of alimony can be confusing. Find out more about the elements that are found in an alimony agreement.
Alimony, also called spousal support, is a monetary payment from one spouse to the other that is awarded after a divorce. It is generally awarded during the divorce proceedings, but there must be an alimony agreement drawn up that gives the details of the alimony reward.
Alimony is most often awarded in cases where the marriage lasted for some time and where the spouse asking for the support needs the additional support to maintain the lifestyle he or she had grown accustom to throughout the marriage. Legally, though, most states will allow alimony requests to almost anyone in divorce situations. An alimony agreement sets up the terms and conditions of the support payments.
Alimony agreements vary widely. Each state has different rules and laws concerning alimony. Additionally, there is often a lot of room to customize an agreement because not every situation is going to be exactly the same. With those things in mind, though, there are some elements that are generally going to be found in any alimony agreement.
An agreement will include the amount of payment. This may be determined by the judge but may also be set by the parties, if an agreement can be reached. It is usually based upon the need of the person receiving it. This would take into consideration the person’s current income and earning potential. It also considers expenses to ensure a certain standard of living is maintained.
The duration of payments is also included. Typically, alimony is for a set period of time, but in some cases, it can be indefinite. This is something that is often negotiated between the parties.
There is also usually a section that covers termination of the payments and events that could cause the support to end. Usually this is going to include death of either person and remarriage of the person receiving the support.
Agreements usually also include information about modifications. This most often includes wording that allows the agreement to be modified if certain events occurs. It may also state that agreements can’t be modified as most states allow for this.
Every alimony case is different. Some agreements are short and sweet whereas others are pages and pages in length. It really is dependent on the situation of the divorcing couple. Additionally, state laws will greatly affect alimony and what can and cannot be done in an alimony case. The agreement must meet all state laws. That is why it is important to have a good alimony lawyer to draw up a legal agreement that meets all state requirements. Visit this website to learn more about an alimony lawyer in Pacific Grove.
Paul advises people on divorce and family law matters. You can find his thoughts at divorce help blog.