Understanding Alimony After Divorce
By Space Coast Daily // October 27, 2022
The divorce process for many is not an easy period of their life. Things may become difficult for one party, and financial burdens may arise. During a divorce, many courts can offer alimony for a needy spouse.
This article focuses on explaining the concept of alimony. It will also address the issue of getting alimony after a divorce is finalized.
What is Alimony?
Alimony, also known as spousal support, refers to support payments a spouse pays to another during a separation or divorce. The purpose of alimony is to aid a spouse in preventing regression in the quality of their life after the divorce. But, in cases where spouses cannot agree on who is entitled to receive alimony, they may have to obtain legal counsel.
How is Alimony Determined?
Concerning the determination of alimony, state courts have different rules and policies regarding the ability to award alimony. At the initial stage of divorce, if spouses agree on alimony payments, judges will rarely adjust the agreement during the final divorce stage. But, there are times when spouses do not reach an agreement.
If there is no agreement, the court can overview the financial evidence of each spouse to decide on who gets alimony. Courts will usually award alimony payments in cases where each spouse has equal income on a rehabilitative (temporary) basis. However, these payments will stop after a set time, or when the spouse becomes self-sufficient.
Can You Get Alimony After Your Divorce is Finalized?
Usually, alimony is brought up during the initial stage of divorce proceedings. However, it is sometimes possible to revisit the issue after the divorce is finalized. It will require proof of a change in circumstances that lead to the late request.
Most courts will be stricter for a divorce due to a mutual agreement between the parties. They would require a more significant cause as to why the party later needs the alimony payments. If the court must grant the request, it must be due to a substantial and convincing change in personal and financial circumstances.
The party requesting alimony must claim that they are doing so due to unforeseen circumstances. For example, a court would most likely not grant a former spouse’s alimony request if they choose not to work. But, if they request alimony because they were dismissed from their job, there is a better chance of being awarded a grant.
On the other hand, if the alimony verdict were made by the court and not from a mutual agreement between the spouses, things would be a bit different. For example, a party may not need to prove that the change in circumstances was unforeseen during the divorce. In this case, proving the change of circumstances will be less strict, but the evidence offered will be the same.
“Family laws are amended quite often and vary depending on your state of residence. You should contact an attorney and set up a consultation to discuss any questions you might have about alimony,” says Attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Agreeing on alimony payments can help support spouses likely to experience financial troubles after a divorce. However, alimony can be re-evaluated if it was not agreed upon during the initial divorce process with an alimony lawyer.
