Divorce lawyers often receive questions about alimony, including what it is and how someone can receive it. The answers to these questions vary greatly from state to state and between cases. Your divorce attorney will work with the courts and opposing council to determine if you qualify, for how much, and under what circumstances you can collect it. The one constant is what alimony (also called spousal support) is — the transfer of money from the higher-income party to the party with low or no income in order to limit the effects of a divorce or separation.

How Is Spousal Support Calculated?

This area of family law is a grey area for divorce lawyers. The exact amount is determined by the courts. However, some may take the ‘The Uniform Marriage and Divorce Act’ into consideration. One of the main factors your divorce attorney and the court will consider is how old you and your former spouse are as well as the physical, emotional, and financial states of both sides. The length of time the two of you were married and the standard of living the two of you had at that time also enters into consideration. Finally, the courts will decide how able your former partner is to make the payments. The goal is to find a balance between the needs of the two sides rather than to break one side or the other.

How Long Do The Payments Last?

Like the actual dollar amount, the length of the payments and corresponding court order depends purely on the courts and what kind of information each divorce attorney brings to light during the case. However, it will ultimately depend on how long it will take the lower income party to make enough of an income that he or she can live unsupported. This could be for the duration of a degree, a certain number of months to give that person enough time to find a job and build up savings, or until the lower income party remarries. Death on either side doesn’t necessarily make a difference either — payments can be made or paid to the other’s estate for various reasons.

Isn’t Alimony Strictly For Women?

Years ago, men made most if not all of the income in the household. For this reason, it was very rare for divorce lawyers to get alimony for a husband. Today, however, women have become more independent and often make more than their spouses make. This has led to the increase in the numbers of ex-husbands receiving payments as well as the number of men assuming full-custody of their children.

When it comes time to see a divorce attorney, Chicago clients and those throughout the country can request spousal support along with other things they may need. This doesn’t necessarily mean you will receive it. Divorce lawyers can only help argue your side of the case and make suggestions. It is also important to know that even if it is ordered, enforcement does not exist. If the opposing party refuses to pay, you will have to take him or her back to court in order to receive help.

About the Author – Christine O’Kelly
Christine O’Kelly is an author for the fierce divorce attorney, Chicago area’s Votja Law. With more than 26 years experiences as divorce lawyers, Chicago clients receive quality one-on-one legal advice in all aspects of their separation or divorce case.