When a couple divorces and one spouse has fewer financial resources than the other, the poorer spouse often requests alimony, which is more often called spousal support. Although spousal support is not awarded in every divorce, a judge will consider a request.
There are three types of alimony in Guilford. Whether you plan to request alimony or believe you may be ordered to pay it, an experienced spousal support attorney can help you understand the difference between the types and the frequency with which they are granted.
Decades ago, it was common for alimony to last until death or the recipient’s remarriage. It is now unusual for a judge to award this type of indefinite spousal support. In some situations, however, a judge may still grant indefinite or permanent spousal support, such as if the following are true:
A Guilford lawyer can make a compelling argument for or against permanent alimony in a specific case. When there is little prospect of a dependent spouse becoming self-supporting, permanent alimony can be awarded after a shorter marriage. Connecticut General Statutes § 46b-82(b) requires a judge granting spousal support that terminates only upon death or remarriage to specify their reasons.
In most cases, when a judge orders spousal support, the obligation is of limited duration. This form of post-divorce spousal support is called rehabilitative alimony. The intent is to prevent dependent spouses from experiencing financial hardship while they make efforts to become self-supporting.
Numerous factors, including the length of the marriage, determine how long rehabilitative alimony might last. When the receiving spouse is a custodial parent to young children, the court may consider whether having the parent stay home rather than work supports the children’s best interests.
The divorce order typically states the duration of the spousal support obligation. If circumstances change, the couple can agree to modify the support order and submit it to the court for approval, or either spouse can apply to the court for a modification at a later date. A Guilford family law attorney can help a spouse negotiate this type of alimony modification or represent them in court on a petition.
A specific type of spousal support in Guilford is meant to help the lower-earning spouse while the divorce proceedings are ongoing. This form of spousal support is called alimony pendente lite.
A spouse seeking alimony pendente lite must ask for it in their initial divorce pleadings. A lawyer can compile and present financial documentation supporting or refuting the need for support during the divorce proceedings.
Alimony pendente lite ends when the divorce decree is issued. However, the fact that a court grants alimony pendente lite does not mean the court is more or less likely to grant rehabilitative or permanent spousal support.
Spousal support can significantly affect one’s financial health during and after a divorce. Understanding the three types of alimony that a court might grant in Guilford is critical.
Our divorce lawyers are knowledgeable about all aspects of spousal support and can present a persuasive case to the court. We are ready to help; get in touch with us today.