Branford Permanent Alimony
Determining permanent alimony can sometimes be a complicated process. The proper term for such support would be lifetime alimony as opposed to periodic alimony, because any order of the court is a permanent order of the court until it is modified.
The difference between periodic alimony and lifetime alimony is whether or not it stops after a certain period of time or it goes on until the death of one of the parties. It is now trending that lifetime awards are rarer and rarer because when these standards were initially developed, women were not as prevalent in the workforce as they are today. There are a lot more instances of both parents working which courts now take into consideration.
If you are faced with proceedings surrounding permanent alimony in Branford, it is critical that you consult with an experienced lawyer immediately.
Paying Alimony in a Lump Sum
Lump sum alimony payments can be made in a variety of different ways. It can be structured so that if somebody does not want to pay on a weekly, monthly, or biweekly basis if the parties agree and the person has the available funds, a year’s worth of alimony can be paid in one shot. Another instance of lump sum alimony when discussing Branford permanent alimony is when somebody receives a bonus that fluctuates every year. Lump sum payments are used then because bonus counts as a person’s income and is used in the calculation of how much alimony the payor is to receive.
The problem is that if that amount fluctuates year to year, it is difficult to structure a weekly or monthly payment to incorporate a number that is not known. So, two separate types of alimony occur in which there is a weekly alimony based upon the person’s salary, and a lump sum extra payment when that individual’s bonus is dispersed. That is usually based on a percentage of earnings.
Periodic Alimony Payments
Periodic alimony payments are most common and usually occur when that person gets paid. The total duration of alimony payments when discussing permanent alimony in Branford is based upon the same factors as the amount. The statutory factors speak to a determination of the length as much as the amount.
Alimony payments can end by virtue of the court order, meaning there is a specific time limit set. It can also end in certain provisions, in the court order, or the agreement. The most common provision is what is called a cohabitation clause. There is a statute that relates to that, and would sometimes be triggered if somebody is living with another person, gets remarried, or dies.
There is no defined duration as to how long an individual would receive payments when determining alimony in Branford. It would be a lifetime award; very long marriages and substantially.
Not Warranting Alimony
Alimony or spousal support in Branford will not be warranted if it is through a judge or by the agreements of the parties. All the statutory factors of both people are looked at. First, if they have been married for a very short period of time and second, if both people work, make a good amount of money, and have an equivalent debt and asset ratio. Typically, a court will not order alimony if both people are healthy, employable, and have about the same earning capacity.
What a person needs to do in any agreement that they signed or after a hearing is to request from the judge that there not be a waiver of future alimony payments. As soon as they write into an agreement or says in the court that alimony may not be terminated, that alimony may not be modified. Further, if either of the parties waive the right to claim alimony forever, that individual can never come back to court.
Therefore, it is very important that if an individual wants to protect themselves so that there is a chance of future alimony in Branford, they should not waive it. But, if the court order is the waiver, essentially after a hearing there is nothing a person can do about it.