facebook-pixel
ClickCease

A marriage is an interdependent financial relationship. When spouses separate or divorce, one may face hardship without the other’s income. A court can award alimony, now more often called spousal support or maintenance, to the dependent spouse.

These payments are not automatic, and they are rarely permanent. Speak with a New Canaan spousal support lawyer today to learn what you can expect regarding alimony. Our seasoned family attorneys will advocate for you to achieve your desired result.

Spousal Support While the Divorce is Pending

Separating in anticipation of divorce requires establishing two households. The marital property is not yet divided, and the spouses are limited in their access to the assets until the breakdown of the marriage is final. This can create a financial strain on the lower-earning or dependent spouse.

Alimony pendente lite is spousal support paid while the divorce is pending. A spouse seeking this must ask the court to award it. The court will review the respective spouse’s income and expenses when deciding whether to award alimony during the divorce proceedings.

Alternatively, the couple can agree on a temporary support arrangement and submit their agreement to the court. A New Canaan lawyer can review your situation and help you negotiate spousal support during the divorce proceedings when necessary.

Obtaining Post-Divorce Alimony

When one party wants spousal support after the divorce is final, they must request it in the initial petition for divorce. Unless specifically reserved or ordered as part of a divorce judgment, parties are required to waive their right to seek alimony in order to finalize their divorce. Once waived, a party is not able to come back and reinstate their right to seek alimony.

Unlike child support, Connecticut does not use a formula to determine the appropriate amount of alimony. Instead, a judge considers the marriage’s duration, each spouse’s education and work history, the age of the children if the recipient spouse is the primary custodian and any other information the court deems relevant.

In addition, the judge can consider marital misconduct when determining whether to grant spousal support. There is usually a time limit on spousal support, with the expectation that a recipient spouse should become self-supporting within a set period. A New Canaan alimony attorney can argue for a limit that reflects the spouse’s desired outcome.

Impact of Remarriage and Cohabitation

There is a common misperception that the obligation to pay alimony ends when the receiving spouse remarries. This is true in many states but not necessarily in Connecticut. It is common for a couple to agree to end spousal support upon remarriage, or for a judge to include such a provision in the court’s order; but unless specifically stated, the obligation continues even after remarriage.

However, even if not set to automatically terminate, the paying party can apply to the court to end alimony upon a former spouse’s remarriage. A receiving party’s marriage is a substantial change of circumstances that merits a request for modification. Alternatively, the parties can agree that support is no longer necessary and file a joint request to terminate the obligation.

When the party receiving support cohabitates with a partner, the paying party may wish to change the alimony arrangement. Connecticut General Statutes § 46b-86 allows this, but the paying party must prove that the cohabitation has reduced the receiving party’s living expenses or otherwise improved their financial circumstance. Speak with a New Canaan lawyer about cohabitation’s impact on the spousal support obligation.

Get Help Understanding Spousal Support From a New Canaan Attorney

Spousal support can be a lifeline for a financially dependent spouse and a heavy burden for a paying spouse. Courts strive to make decisions that allow both individuals to thrive, but it is critical to have representation from a skilled legal professional.

Work with a New Canaan spousal support lawyer when alimony is likely a factor in your divorce. They can explain the law, learn your goals, and help you meet them. Get in touch today to get started.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a