Spousal support is typically a contentious issue when dissolving a marriage, as the parties often disagree on what seems fair to their situation. The party seeking alimony might feel overwhelmed about not being able to support him or herself alone. Paying parties often feel aggrieved that they have to continue supporting their former spouse. Fortunately, in these situations, a skilled alimony attorney can help.
If you are preparing to go through negotiations for a spousal support order, qualified legal counsel with a familiarity with the laws and factors regarding spousal support orders in Hartford can help you reach your goals and uphold your rights.
There are several common circumstances in which a judge might order spousal support payments. For instance, a family court might order support if the couple was in a long-term marriage, especially if one party was working while the other was raising children, taking care of the household, or had a significantly lower earning capacity.
Further, if a party is unable to work due to an illness or some other disability, a family judge could order the spouse that is able to work to pay spousal support for a period of time, depending on the other party’s health and needs.
When a former couple is going through a divorce and living apart, one spouse may require temporary financial support until the divorce is finalized. Fortunately, a spouse can request alimony pendente lite, or temporary payments, from a court. Once the divorce is finalized, the court can then eliminate the pendente lite to implement the final spousal support payment amount and schedule.
When a party has shown he or she is entitled to financial support, state law sets forth the factors a court considers to determine the proper award. In addition to the length of the marriage and the needs of the children, courts may consider each party’s:
Once the court awards the spousal support order, the parties must adhere to that order. A family court judge generally orders a weekly amount to be paid. However, if the other party gets paid on a biweekly basis, spousal support could be paid similarly to assist the paying party.
A skilled attorney could assist a paying party with filing to lower or terminate payments if the other party is cohabiting with another person during the allotted payment term. Under Connecticut’s Cohabitation Statute, the paying party has the right to seek a modification or termination of spousal support under these circumstances.
Further, if the receiving party gets a new job or otherwise increases their earnings, the paying party may also request that the court modify the payment order to recognize the other party’s actual net income.
Going through a divorce brings its own stressors, so determining spousal support for either party might seem overwhelming. Before attempting to go through this complex process alone, consider contacting a qualified attorney who has experience drafting and negotiating spousal support orders in Hartford. Our firm is standing by.
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