Alimony or spousal support is the legal obligation to support a spouse or former spouse. A court can award you different types of alimony, and each depends on your circumstances. You can also be eligible for more than one category of award. This article explores five types of alimony you can get in a divorce.
Also known as alimony pendente lite, you can receive temporary alimony when you separate before the divorce. Temporary alimony only holds while the divorce process unfolds. The support can disappear or change to a different type of alimony after you finalize the divorce.
Often, you receive temporary alimony to:
· Budget and plan how you will live alone
· Sustain yourself because you do not have the skills to find a job during the divorce
· Continue with the legal divorce proceedings
With the above factors in place, you receive enough finances as the divorce proceedings continue.
As the name suggests, rehabilitative alimony rehabilitates your potential to earn. The court awards you support as you re-educate, retrain, or re-enter the workplace. Often, you receive rehabilitative support if you have the potential to get a viable job. Rehabilitative support is sometimes categorized under temporary alimony because you get short-term help until you get to your feet.
Sometimes courts set a specific date for when the support ends. In most cases, however, your ex-spouse supports you until you finish your education or training and get a job. Support often ends when you achieve employment at your full potential. Nonetheless, the amount can reduce if the other spouse proves that you are not serious in your efforts to complete studies or get work.
Permanent or long-term alimony is supposed to last permanently. Courts often order permanent alimony if you have no hopes to re-enter the workforce. You may also receive support if your marriage lasted for more than ten years.
Permanent spousal support stops when you or your ex-spouse dies. Also, the support can stop if you remarry and your new partner takes on responsibilities. Finally, the amount you receive can change if you or your ex-spouse's income or expenses face significant changes. For example, you can get less if your former spouse's income reduces due to job loss.
Reimbursement support is the only type of alimony that does not depend on financial need. Instead, the support compensates for the sacrifice you made for the marriage. For instance, if you gave up your education or career so your spouse could advance. You could also receive reimbursement if you supported your ex-spouse to complete education and divorced shortly after school completion.
Often, you receive reimbursement alimony in addition to another type of spousal support. The support does not end based on an event. Instead, termination happens per a prior agreement or when the court orders.
A lump sum or alimony in gross is when you receive the whole alimony award at one time. The lump sum aims not to support you but to provide property settlement. Also, you do not receive any other payment after the initial amount.
Some advantages of a lump sum are:
· Your award does not decrease when you get a job or remarry
· You will not lose some of your alimony if your ex-spouse suffers an adverse financial crisis
· The amount is not taxable to you or your ex-spouse
In short, a lump sum eliminates the concern that your former spouse may stop the monthly payments.
Alimony cases can be stressful, so you need an attorney to advocate for your best interest. You can count on the team at the James W Bodiford Jr Law Office to ensure a favorable outcome. The pool of qualified attorneys is also available to offer legal advice and support on family matters whenever needed. Contact us today to get started.
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