Whether you’re paying alimony or the recipient, you need to understand how to make the process run as smoothly as possible. This can help you avoid any issues down the line.
Rehabilitative alimony
Often referred to as “rehabilitative alimony,” spousal support is meant to help the recipient spouse become more self-sufficient. The purpose is to allow the recipient spouse time to re-enter the workforce or to enroll in school. The amount paid is based on the dependent spouse’s plan to become financially independent.
Rehabilitative alimony is financial aid for a specified period. The length of alimony payments will depend on the dependent spouse’s situation and is usually a percentage of the size of the marriage. Generally, a shorter marriage will result in a shorter amount of alimony.
If the dependent spouse has been a stay-at-home parent, a judge may order rehabilitative alimony to be paid until the dependent spouse can find employment. However, rehabilitative alimony can also be awarded to a non-breadwinning spouse who needs time to re-enter the workforce.
A judge may award rehabilitative alimony to a caretaker spouse who needs money to upgrade their skills or to go to school. Typically, a caretaker spouse will not be able to rejoin the workforce once the divorce is finalized.
Reimbursement alimony
Typically, reimbursement alimony is awarded in addition to other forms of spousal support. It is generally awarded to a spouse who contributed financially during their marriage and could not support themselves. It may be paid in a lump sum or regular monthly maintenance.
Reimbursement alimony is based on principles of equity. It is intended to help the supported spouse continue to enjoy the marital lifestyle. It can be used to compensate the spouse who contributed to the educational or career advancement of the other spouse. The amount of alimony depends on the program’s nature and the payee’s practical needs.
In some cases, the recipient may become self-supporting. The court will determine whether or not this is a realistic prospect. Reimbursement alimony is sometimes awarded to stay-at-home mothers with few marketable work skills.
“reimbursement alimony” is often used interchangeably with “spousal support.” Reimbursement alimony is generally awarded to a married couple that has been together for less than twenty years.
Temporary alimony
During the pendency of a divorce, a court may order the higher-earning spouse to pay temporary alimony. This form of spousal support keeps the parties in the same financial status they had before the divorce.
The court will consider several factors to determine the amount of spousal support deserved. They include the financial capabilities of the paying spouse, the type of divorce, and the ability of the receiving spouse to pay. Finally, the judge will determine the best way to achieve a fair result for both parties.
Some states have a statute that allows the court to award rehabilitative alimony. This is meant to help the receiving spouse re-enter the workforce or complete retraining.
There are many ways to get a court to award temporary alimony. For example, you can request it for non-payment of bills, a dependent spouse’s continued need for support, or a change in circumstances that affects your alimony payments.
Negotiation can reduce alimony payments.
Whether you are paying or receiving alimony, negotiation can help reduce your payments. However, you need to do your research before negotiating. Your attorney can help you get a fair settlement.
During an alimony negotiation, you should discuss the details of each partner’s income and expenses. You may want to include a cost of living adjustment in the agreement. Your accountant can also help you evaluate your tax liabilities.
Your alimony payment should be based on the difference between your income and your expenses. Therefore, it’s essential to be clear on the amount of your alimony and how long it will last. You should also think about whether you have any dependents. If you have children, you should be able to negotiate a lower alimony payment for their welfare.
A skilled divorce attorney can help you come to an agreeable alimony settlement. If you are unsure how to negotiate, you can consider hiring a mediator to facilitate the process.