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4 Reasons Why a Judge Will Order Alimony Payments

November 6, 2013 by Wall Legal Solutions Alimony, Divorce

Divorce can take a long time to fall through, and in the process both parties try to get their own way. One of the important parts of a divorce is the agreement upon alimony. It is important to understand under what conditions will one spouse get a regular alimony or that in bulk. As important as it will be for the court to understand the divorce matter at hand, it is also important for the parties concerned to know what they are getting into and under what conditions will the judge take a decision favorable to them.



Spouses who do not have a regular source of income or who do not work are at an advantage when it comes to getting alimony. Without their partner, they will be left to fend for themselves and until the time they can establish themselves securely, they must be paid a certain amount of money as spousal support or alimony.

Length of Marriage

The newly reformed law states that the alimony granted will be based on the number of years a couple stayed married and how much money the working spouse made dring the marriage. The judge will grant alimony based on the number of years spent together. So if the couple spent 15 years together, the alimony payments might last for 10.5 years. The ratio depends on the quality of the relationship as much as the time spent together. If the couple spent 5 years or less, then the dependent spouse will get alimony for about 50% of the number of months the couple spent together.

Length of Alimony

Alimony payments will not last a lifetime. The judge will decide depending on the qualifications and ability of the non-working spouse for how long will the alimony be paid. If the previously non working spouse finds a job, then he or she must give up the right to receive payment.

Contribution to the Household

The judge will decide upon alimony based on the amount each person has contributed to the marriage. If the amount is almost equal then the alimony will be decided based on the amount of time spent together and the need for child support. Whereas, if there is a variation in the amount then the person who has spent more amount will be entitled to ask for refunds and the money spent on the marriage will be treated as a loan on the other person.

Existing Needs

The judge will also examine the debts, needs, income and resources of each party. The party with less of these, will be entitled to receive support till the time they become able to support themselves. But this alimony will also not be without strings attached, as it is important for a time duration to be applied while paying alimony.

Once spousal support has been set, it cannot be changed or altered depending on changing conditions. If the judge has ordered a specific time period for which the support has to be paid, then the spouse will have to comply. Although the court can order spousal support to stop depending on the condition of the relationship between both parties, they might get back together or one of them might file another petition stating that the party getting the support is no longer in need of it. These contestations can be brought to the floor of the court and contested.

Alimony payments are no longer simply ruled in favor of the woman, but are closely examined and ruled according to the reformed laws and the needs of both parties.