Alimony

There are two types of support – Post-Divorce Alimony and Spousal Support or Alimony Pendente Lite.

Post-divorce alimony is a highly subjective decision. If an agreement can not be reached in your case, the court will decide whether your divorce will include post-divorce alimony, how much it will amount to and for how long it will be paid. While the length of alimony is discretionary, a guideline approach is to take one-third of the length of the marriage for the payment of all types of alimony or support. Because alimony is entirely within the court’s discretion, your lawyer’s aggressive representation can be the difference in whether alimony is awarded to you or is not awarded to your spouse.

You or your spouse may require interim support to sustain you during the divorce process. This is not post-divorce alimony but Spousal Support or Alimony Pendente Lite. Courts generally base interim support on the higher earning spouse’s ability to pay.

If circumstances change after the divorce and there are reasons to change the amount of alimony, talk to your attorney about alimony modifications. These are not available in all instances. It will depend greatly on the divorce decree which incorporates the order for equitable distribution.

Contact Lopiano-Reilly Law Offices to discuss your options.