Is alimony always awarded in divorce?

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Question:

Is alimony always awarded in divorce?

Answer:

When it comes to awarding alimony there are many prevailing thoughts and conclusions that dictate when, how and if alimony is to be awarded. Consider just a few factors that follow:

  • Alimony will be awarded if the state law allows it and when the presiding judge determines to award it.
  • Courts can award alimony to either of the spouses based on a Complaint for Alimony, an Annulment or for a Divorce.
  • Alimony might be awarded while the resolution to a case is pending, depending upon the fact of the case and the time the final trial is scheduled to take place.
  • Should the spouses have already resolved the question of alimony by a written agreement the court is bound by the agreement when it comes to awarding alimony. This also means that if the written agreement stipulates that alimony cannot be modified by any court, then the court is not allowed to modify it.  When the curt awards alimony, however, it is always open to modification.
  • The alimony seeking spouse does not have to have grounds for divorce to seek alimony. And the grounds for divorce against the spouse seeking alimony (including adultery) will not preclude the court from awarding that spouse with alimony.

There are two general types of alimony awarded. They are permanent and temporary alimony. Permanent alimony is paid for an indefinite period of time. This doesn't mean it is for a lifetime, but as the name suggests, it is for a period of time not yet determined.  Temporary alimony is thought of as "rehabilitative" in that it is awarded for a specific time period to allow the receiving spouse time to develop a means of self-support or arrive at a satisfactory quality of life. It is also awarded sometimes as a means of compensating a spouse for the time they spent during their marriage assisting the other spouse develop their business or career.

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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