Alimony Lawyer & Spousal Support Attorney Information

March 8, 2010

Alimony in Divorce

Filed under: Uncategorized — Tags: , , , , , , — Byron Ash @ 5:03 pm

Alimony is what you could call spousal support, or the money that is given in support as part of an obligation to the wife or husband. This obligation is based upon the natural belief that even after the dissolution of a marriage, both parties are still connected and must support each other through the natural order of marital union. Alimony can extend through years after the divorce.

Once a divorce is ratified, both parties may either seek the recourse of alimony towards each other. But do take note that alimony are not rights. It isn’t that for every divorce case that is resolved, alimony is suddenly asked for. Alimony is a privilege so to speak, but they aren’t requirements at all for a divorce case.

Unless both parties are in a collaborative agreement, alimony will only be granted by the court depending on the financial status and willingness of the other party. However, if one party is already receiving support from the other, this can be denied or overturned. Usually prenuptial agreements cannot be removed or nullified, but they can be subjected to change on a case-by-case basis.

Child support is almost like alimony to the children that will be left behind. But it is not. True that the child will receive support even years beyond the event of the divorce but it is different from alimony. Alimony is treated as income to the receiving spouse and is deducted from their income. But child support is a world all on its own. Child support is not affected by taxes, and can take precedence over alimony.

There are different factors that affect the amount of alimony. In Texas for example, payments for alimony are limited to marriages that have lasted ten years or longer, and payments for alimony will not exceed three years since the start, unless of course for special conditions or cases. Some states go for twenty years, others lower than ten years. Other states allow the judge to decide. It really depends by case and by location.

To find out exactly how to get an idea how divorce works in Texas, visit this website about Texas divorce laws.

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