Spousal support or alimony is a critical factor in many divorce settlements. Partners considering divorce or beginning the process often wonder what is involved in determining spousal support payments in Fairfield.
There is no set formula for alimony like there is for child support. However, a judge can weigh numerous factors when determining whether to award spousal support and, if so, how much and for how long. An experienced alimony attorney can offer sound advice about these processes. Call today to schedule a consultation.
The amount and duration of spousal support are largely up to the judge’s discretion. Connecticut General Statutes 46b-82 describes the factors a judge can consider but does not dictate how heavily the factors must be weighed. Furthermore, judges are not limited to the statutory factors when making their decisions.
The marriage’s duration is a critical factor. Judges are generally more likely to consider an award of spousal support when a couple is in a longer term marriage, which is generally considered above six years of marriage. Alimony is very common when spouses leave marriages that have endured 20 or more years. However, if circumstances merit, spousal support can be awarded after a shorter marriage.
A judge will consider each spouse’s financial position, work history, education, and skills. The judge will evaluate whether one spouse neglected career opportunities to prioritize homemaking and whether a spouse has young children at home that might prevent them from working full-time. A Fairfield lawyer can advise a spouse about factors influencing a decision for or against alimony payments in their case.
The law allows a judge to consider why the marriage ended when making decisions regarding alimony. Sometimes, people interpret this provision to mean that a spouse who committed adultery must pay alimony or must pay more. This is not the case.
Adultery or other misconduct may or may not impact a judge’s decision. Courts are more likely to factor in the impact of marital misconduct when the wealthier spouse committed it, especially where the misconduct resulted in wasted marital assets.
Spousal support is meant to help a financially dependent spouse transition to being self-supporting. It prevents financial hardship for a formerly dependent spouse while incentivizing them to take the necessary steps to become financially independent.
Judges may issue orders granting alimony for a specific number of years. In other cases, a judge might order that alimony continue until a specific event occurs, such as the youngest child entering school full-time or the receiving spouse earning a degree. A Fairfield attorney can help a spouse set a reasonable goal for the duration of spousal support and work to persuade a judge to adopt it.
Indefinite alimony is possible but rare. When the receiving spouse’s age or health prevents them from earning a living, a judge may grant spousal support without a specific end date.
Spousal support is sometimes paid in a lump sum. In those cases, the amount of the payment is not modifiable post-divorce. When payments are made periodically, parties can request modifications to spousal support after the divorce is final. The person requesting the modification must show that there has been a substantial change in circumstances since the original order.
A job loss or chronic illness in the paying spouse could qualify as a substantial change, as could a receiving spouse’s new job, promotion, or windfall. When the receiving spouse cohabitates with a new partner, the paying spouse could argue that spousal support is no longer necessary.
The law concerning alimony modifications can be complex. A well-versed Fairfield lawyer can advise whether a request for spousal support payment modification is appropriate in a specific case.
Post-divorce spousal support can make a big difference in the financial lives of both the paying and the receiving spouses. Understanding the obligation is critical to planning your future accordingly.
There is no formula for determining spousal support payments in Fairfield, but an experienced lawyer can help you set reasonable expectations. Reach out today to get started.