Branford Alimony Lawyer
Alimony, or spousal support, is a payment from one spouse to the other in order to provide financial support following a separation or divorce. It can be awarded before the judgment on a temporary basis or it can be awarded after a judgment.
Alimony is meant to sustain the lesser paying spouse at a financial level that is comparable to the level that existed during the marriage. If you are going through a divorce or separation and are seeking financial support, a Branford alimony lawyer will best be able to help you seek fair payments. Call today to schedule a consultation and discuss what you should know with an experienced family law attorney.
There are a number of factors to consider when alimony is being awarded. The length of the marriage is the first consideration. The longer the marriage, the more likely that alimony will be awarded, but there are other statutory factors that a judge will use to determine whether to award alimony. Often, alimony is stipulated to by the parties based on the advice of counsel, however, when the parties cannot agree on the amount and the length of time that is should be paid, the court decides. In addition to considering the length of the marriage, the cause for the breakdown of the marriage, employability, and the overall assets of the parties are considered by the court to determine the amount and length of time that alimony will be paid.
Alimony can be paid by cash, money order, check, or automatic withdrawal from the payer’s bank account. It is often paid on a monthly basis for whatever period of time the court orders it to be paid. Sometimes, a lump sum of payment could be ordered. The most common way of making payments is to the recipient directly on a monthly basis, but depending on the agreement reached, a payment could be made to other parties such as the recipient’s mortgage company. An alimony attorney in Branford will have experience negotiating payment and best advising their client on a schedule.
Factors of Alimony
There are certain nuances of alimony to be aware of when seeking payments, such as that race, gender, and sexual orientation are not factors considered in an alimony award. The same factors used to determine whether there will be an alimony award are considered in determining how long it will last, and a Branford alimony attorney will be able to help with the scheduling when needed.
The amount of money needed for the support of children is a separate issue that is not considered in an alimony award settlement. An attorney in Branford will have experience in determining child support as well as spousal support if an individual needs financial support for the rest of their family.
Often, alimony will be considered tax deductible by the person who pays it and taxable income by the person who receives the alimony.
If there is an agreement, there will be provisions and a court order that specify when alimony is terminated. Alimony could end on a specified date or when conditions are met, such as completing college. When there is a substantial change in circumstances, such as if the payer lost their job, alimony may be suspended. If the agreement includes a cohabitation clause, alimony may end when the payee remarries or begins living with a partner. The death of one party could also terminate alimony.
Working with a Branford Alimony Attorney
If a person does not have an attorney that understands the nuances of alimony calculation, they will be unable to ensure that their client is knowledgeable about the process and will be unable to make recommendations about the appropriate amount of alimony and length of time that is reasonable under their specific circumstances.
An experienced Branford alimony lawyer can explain the statutory and discretionary factors considered in an alimony award. The absence of experienced counsel could result in one of the parties taking advantage of the other, a case being presented improperly, or an individual being required to make alimony payments that are not affordable.