Alimony is also known as spousal maintenance and is the payment awarded to one spouse from the other for financial support following the end of a marriage. Alimony is awarded so that one spouse does not experience a drastic reduction in the standard of living after the marriage’s dissolution.
It is clear to see why a Wilmington divorce attorney can be so crucial as it pertains to alimony. A lawyer will have significant influence on the amount of alimony to be paid and for how long it will be paid. However, the amount and duration of alimony is determined by a wide variety of factors.
Reasons for Alimony
To find out the duration of alimony it is important to first know the different reasons for alimony payments.
Post Separation Support
Post Separation Support, or PSS is spousal support that is paid until the alimony claim is granted, denied, or otherwise resolved. PSS is in that sense temporary alimony, which is typically awarded to a spouse based on need until alimony can be resolved. In such a case, PSS payments are made during the course of the proceedings from one spouse to another until a decision can be made and a payment schedule can be formulated for alimony.
PSS can be used to acquire skills or qualifications that enable a spouse to be self supportive.
Permanent alimony is awarded to a spouse until the death of either spouse, the spouse receiving support is remarried, or spouse receiving support cohabitates. It is often seen in longer marriages, and may also be paid if a spouse suffers from a condition that prevents them from becoming self supportive.
The answer to ‘how long does alimony last?’ is determined by 16 different factors. These factors include:
- whether there has been marital misconduct (such as an affair);
- the relative earnings and earning capacities of the parties;
- the ages and physical, mental and emotional conditions of the spouses;
- the amount and sources of earned and unearned income of both spouses;
- the duration of the marriage;
- the contribution of one spouse to the education, training or increased earning power of the other spouse;
- the standard of living enjoyed during the marriage;
- the relative education of the spouses;
- the relative assets and liabilities and debt service requirements of the spouses;
- the property brought to the marriage by either spouse;
- the contributions of a spouse as a homemaker
- the relative needs of the parties; and
- the tax ramifications of an alimony award.
If you do not want to pay alimony for the rest of your life or if you deserve alimony from your spouse, you should find the best Wilmington divorce attorney. Call Speaks Family Law as soon as possible for our personalized approach on your case.