Spousal support is not automatic in divorce but is a critical element of most negotiations. If you believe that spousal support is likely an issue in your divorce, you will benefit by consulting with a Fairfield spousal support lawyer.
Spousal support can significantly impact your post-divorce financial well-being, whether you are paying for it or receiving it. Make sure you work with a knowledgeable legal professional who can help you achieve a secure financial future after your divorce. Call our law office today to speak with a dedicated alimony attorney.
Connecticut Statute § 46b-82(a) allows either party in a divorce or annulment to seek ongoing financial support after a marriage ends. Money paid to one former partner from the other is referred to as alimony, spousal maintenance, or spousal support.
There is no entitlement to spousal support. The partner who seeks it must request it in their court filings. The partner asking for ongoing support must prove an award is fair and equitable pursuant to the enumerated statutory guidelines and demonstrate that the other has sufficient means to pay.
Proving each spouse’s financial position can get complicated. An experienced Fairfield attorney can benefit a spouse trying to justify alimony or defend against such a request.
When one spouse requires ongoing support, the best results are usually obtained through negotiation between the parties. Spousal support can be negotiated as part of a comprehensive property settlement agreement.
The amount of property each spouse takes from a marriage impacts the need for and ability to pay spousal maintenance. A skilled Fairfield lawyer can be beneficial in negotiating a property settlement that reduces the need for spousal support. Providing a larger share of the couple’s property to the needier spouse often offers tax advantages over paying alimony.
Couples with a prenuptial or marital agreement may have addressed alimony in these contracts. In general, courts will enforce these agreements. However, a court may overturn or modify an agreement if it was unconscionable when it was executed or at the time it is to be enforced.
Sometimes, a spouse waives alimony in a marital agreement but requires support at the time of the divorce. Depending on the circumstances, the agreement can be challenged.
When a couple cannot reach an agreement, a judge must decide on spousal support. Connecticut’s alimony law guides a list of factors the judge can consider when determining whether to award ongoing maintenance.
The duration of the marriage is a significant consideration, and in general, the longer the marriage, the more likely a spouse will receive alimony. A judge can also consider the following:
The judge can assign whatever weight seems appropriate to each factor they consider when deciding alimony.
When the parties do not have an agreement and the judge must decide the duration of alimony, it is critical to have a lawyer represent them. An experienced legal representative can present a persuasive argument to the court to influence the final alimony decision.
Whether you pay or receive alimony will considerably impact your financial future. You need a skilled legal professional to advocate for your goals regarding spousal support.
There are numerous benefits of a Fairfield spousal support lawyer. Contact our firm today to learn more about how our well-versed family attorneys can help you.