Finding the Right Alimony Lawyer
Family Law

Finding the Right Alimony Lawyer

Introduction

 

When a marriage ends in divorce, determining alimony can be one of the most contentious issues. Alimony, also known as spousal support, is money paid from one ex-spouse to the other after a divorce. Hiring the right alimony lawyer to protect your interests is key.

Do You Need an Alimony Lawyer?

You should consider hiring an alimony lawyer if:

  • You were financially dependent on your spouse during marriage
  • There is a large disparity between your income and your spouse’s
  • Your marriage was long-term
  • You gave up career opportunities to care for children
  • You have health issues that prevent working
  • You need help negotiating a fair alimony settlement

Some of the ways a skilled alimony lawyer can help include:

  • Advising on the types of alimony you might be entitled to receive
  • Estimating a reasonable alimony amount
  • Negotiating the alimony terms in your settlement
  • Drafting your alimony agreement
  • Modifying an existing alimony order if circumstances change
  • Enforcing payment if your ex-spouse stops paying

Alimony lawyers have experience calculating income available for support and arguing for favorable terms.

How Alimony is Determined

Several factors determine whether and how much alimony will be awarded. An alimony lawyer can argue the following in your favor:

Length of marriage – Longer marriages support longer alimony payment periods. Marriages over 10 years often result in permanent alimony awards.

Standard of living – Courts aim to maintain the marital standard of living for both parties. Your lawyer can demonstrate your financial needs.

Age and health – If you are close to retirement age and in poor health, your ability to work is limited. This supports an alimony award.

Contributions – An alimony lawyer can argue for your contributions as a homemaker and parent in supporting your ex’s career.

Finances – The respective incomes and assets of you and your ex-spouse are examined. Large differences can increase alimony amounts.

There are generally four types of spousal support in divorce. A qualified lawyer can pursue the best options:

Types Details
Permanent alimony Ongoing payments to ex-spouse until death or remarriage
Rehabilitative alimony Time-limited support to allow education or job training
Reimbursement alimony Compensates for supporting ex through school
Lump sum One-time payment instead of monthly checks

Choosing the Right Alimony Attorney

It’s critical to have an experienced alimony lawyer in your corner to fight for a fair settlement and safeguard your future. Consider these tips when interviewing potential lawyers:

  • Expertise – Find a lawyer focusing on family and divorce law with extensive alimony experience. Check credentials and client reviews.
  • Case strategy – Choose a lawyer who demonstrates understanding of your situation and goals. Make sure your approaches align.
  • Communication – Your alimony lawyer should be responsive, patient with questions, and keep you updated on your case progress.
  • Rapport – There should be good rapport, empathy, and compatibility between you and your attorney. You need to trust they have your interests at heart.
  • Fees – Establish clear fee expectations upfront. Top lawyers may be more expensive but make up for it in the settlement outcome.

Reaching favorable alimony terms means overcoming an adversarial legal process. An alimony lawyer acts as your negotiator and champion, equipped with legal knowledge and courtroom savvy. Investing in a good lawyer can positively impact your finances and wellbeing for many years post-divorce. Protect yourself by hiring one of the best to handle your alimony case.

Also Read:

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Frequently Asked Questions

Can my spouse avoid paying alimony?

While one spouse cannot singlehandedly avoid alimony without the court’s approval, an experienced alimony lawyer can identify ways an ex might try to reduce payments. This includes hiding assets, quitting a job, or deliberately lowering income. Your lawyer can petition the court for imputation of income based on earning potential.

How is an alimony amount calculated?

There is no standard alimony formula. An alimony lawyer will consider many factors when estimating potential alimony, including length of marriage, age, health issues, income discrepancy, education/experience levels, and standard of living. Generally, alimony aims for the lesser-earning spouse to maintain the marital standard of living.

Can I get alimony quickly if I need funds?

Courts recognize getting funds in the early stages of separation can prevent undue hardship. An alimony lawyer can request temporary support while your divorce is pending. The court orders interim short-term alimony based on projected permanent award amounts. Receiving early alimony requires demonstrating urgent financial need.

Can I negotiate alimony directly without litigation?

To reduce legal costs and conflict, some couples cooperate to negotiate alimony and divorce terms themselves. However, alimony lawyers advise protecting yourself legally given the permanence of agreements. Using a lawyer facilitates an equitable process, provides guidance on reasonable amounts, and ensures the final order is enforceable. For complex cases with disputes over finances or children, professional legal advice is best.

When does my ex’s alimony obligation end?

Unless otherwise agreed, alimony generally ends at the paying ex-spouse’s death or the receiving ex-spouse’s death or remarriage. However, for high-income long-term marriages an alimony lawyer may successfully argue for lifetime support regardless of remarriage. Jurisdictions vary, so check local laws on terminating events. If your finances substantially change, your alimony lawyer can request the court to modify or discontinue alimony.

Conclusion

Going through a divorce is difficult enough without having to worry whether you will have the financial resources to rebuild your life. Seeking spousal support is complex, but an experienced alimony lawyer can help you obtain a fair outcome. Protect yourself and your future by hiring one of the best to handle your alimony case.

References: [1] https://www.nolo.com/legal-encyclopedia/determining-alimony-faq.html [2] https://www.findlaw.com/family/divorce/what-is-alimony-spousal-support.html [3] https://www.survivedivorce.com/spousal-support/life-after-divorce-financial-survival/negotiating-alimony [4] https://www.thefirmformen.com/articles/7-questions-on-terminating-alimony-in-florida/

 

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