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When a couple divorces, they must address a range of legal issues. Property division, child custody, and child support are just a few examples of potential areas that can lead to disputes.

Depending on the couple’s financial situation, a spouse may have to pay alimony to their ex-partner. When going through the divorce process, you should speak to a knowledgeable spousal support attorney about the types of alimony in Southbury.

Factors a Court Will Consider Making Alimony Decisions

Alimony refers to money or other compensation that a spouse is ordered to pay to their ex-partner upon a pending or final divorce. According to Connecticut General Statutes Annotated § 46b-82, state courts can order either spouse to pay alimony upon a breakdown of a marriage.

Spousal support is separate from any property received through a division of marital assets. In addition to the amount of alimony, courts must also decide the duration of these obligations.

Southbury courts will consider evidence provided by both spouses when making decisions about what type of alimony to order. Factors that a court will take into account include the following:

  • How long the marriage lasted
  • The reasons for the breakdown of the marriage
  • Spouses’ age and health
  • Spouses’ station, career, source of income, and earning capacity
  • Spouses’ vocational skills, education, and employability
  • The specific needs of the parties
  • Any court-ordered property divisions
  • The feasibility of a parent with child custody getting a job

For more information on what the court considers while determining alimony, speak to an experienced divorce attorney today.

Types of Alimony

Courts have several options to choose from when deciding what type of alimony is appropriate in Southbury, which are generally broken down into three categories:

  • Pendete lite or temporary alimony, which is typically ordered when a court deems that a spouse needs financial assistance during the process of going through divorce litigation. The cause of the breakdown of the marriage is not considered for this type of alimony.
  • Rehabilitative or time-limited alimony, which a court can order to allow the recipient spouse to obtain additional education, training, or skills to become self-sufficient, or merely to extend an equitable division of the total household income between the spouses for a certain period of time post divorce.
  • Permanent alimony, which is intended to address how the marriage dissolution will impact the long-term needs of the recipient spouse

When setting permanent alimony, Conn. Gen. Stat. Ann. § 46b-82 provides that courts must specify the basis for an order of indefinite or lifetime spousal support.

Courts also have the discretion to decide how alimony is paid to the recipient, including a lump-sum alimony payment or periodic payments set at regularly scheduled intervals.

Courts Can Modify Alimony Orders

Just because a court makes a decision regarding alimony does not necessarily mean that the order will continue indefinitely. Southbury courts have the discretion to modify any type of alimony order, according to Conn. Gen. Stat. Ann. § 46b-86, including suspending, reducing, or terminating the spousal support.

The first scenario in which a Connecticut court can set aside or modify an alimony order is if there is a substantial change in the ex-partners’ circumstances. When making this decision, a court will look to the same factors initially used when setting alimony. For example, a court can consider modification of alimony if the recipient spouse is able to obtain a new job that significantly increases their income.

Courts can also consider modifying an alimony order if the recipient remarries or begins cohabitating with another person and the arrangement changes the recipient’s financial situation. Lastly, ex-partners can mutually agree to modify an alimony order, and where this is done fairly and in writing, courts will likely enforce any such agreements negotiated between spouses. To be secure that enforcement will be honored, any negotiated changes to an alimony order should be submitted as a stipulation to the court.

Speak with a Southbury Attorney About the Types of Alimony Available

Do not hesitate to contact our legal team when you are going through a divorce and wish to discuss the types of alimony in Southbury. A lawyer can advise you on potential factors a court can consider based on your specific needs or circumstances.

Seeking legal advice can provide you with the support and guidance you need. Call our law office today to schedule an initial consultation with a hardworking family law attorney.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
220 Main Street Suite I Southbury CT 06488 (203) 806-9254