Westport Alimony Lawyer
When a marriage ends in divorce, the legal issues that arise can be very complex, especially the question of how much support one spouse should pay to the other, if any. Whether you are trying to get your former spouse to pay support or trying to avoid paying alimony. you may need an experienced family law advocate on your side.
As with many legal disputes, it is in the parties’ best interest to settle as many of these questions outside of court as possible. When the arguments continue into the courtroom, the outcome is unpredictable and the costs to the parties may be much higher. Having the help of a compassionate Westport alimony lawyer is essential in proceeding in these cases.
A separation or divorce can leave one spouse facing extreme financial difficulty, especially if that person gave up their career and relied on the other spouse to provide income. Alimony is financial support paid by one person to the other to equalize things. It may be awarded as a temporary measure during the divorce proceedings, for a specific amount of time, or permanently.
Judges have considerable discretion in awarding alimony, including the amount and duration. A skilled Westport alimony attorney will help clients consider spousal support in the broader picture of their divorce settlement.
Alimony lawyers in Westport know how to deal with all the complex issues that may arise in divorce cases. One of the most important issues is whether a prenuptial agreement was signed and if it is enforceable.
Key Issues of Determination
The issue of spousal support will hinge on several key issues:
- Does one spouse have a substantially higher income than the other?
- Did one spouse forgo certain opportunities, whether in terms of education or career, during the marriage to concentrate on raising children?
- Is child support also being ordered, and how does that interact with the spousal support request?
- What is the health and age of the two parties?
- How long was the marriage?
Men and women are equally able to seek alimony under current law.
What Constitutes Alimony?
Different types of spousal support in Westport cases that courts can order include:
- Temporary (pendente lite) alimony, awarded during separation or divorce proceedings to help maintain the standard of living for both parties until the final divorce hearing
- Rehabilitative alimony, awarded to allow the spouse with the lower income to achieve the income level where they would have been if not for sacrifices in the marriage
- Permanent alimony, awarded in longer marriages, especially when a spouse is sick, disabled, or otherwise unable to become self-supporting
Unless the married couple creates a legally binding agreement that states otherwise, the law in the state where the parties live will control their property rights and spousal support obligations in the event of a divorce.
Working With a Westport Alimony Attorney
Even if an agreement was reached, it may not be enforceable. Perhaps one party was not given sufficient time to read the agreement and grasp all of its implications.
Like other contracts, a court can decline to enforce marital agreements if it finds them unconscionable. Certain extreme provisions – giving up one’s right to receive any spousal support at all no matter how great the disparity in income – may fall under this rule.
Westport alimony attorneys have the expertise in family law, plus the tenacity and experience, to get the best possible outcome during a very difficult time.