Divorce Guide

Divorce Guide

divorce and alimony laws

According to divorce and alimony laws alimony is the spousal support that is given to one spouse to the other based on either the order of the court or the pre-nuptial agreement between the couple. Alimony is given by one spouse to the other to ensure that there is no negative economic effect on the life of the other spouse resulting from the divorce. In fact it is to ensure that the divorced spouse can maintain the same lifestyle after the divorce that he or she used to lead before the divorce.

In earlier times the alimony was generally given by the husband to his wife after the divorce, but as the perspectives have changed, now alimony is given by the economically stronger partner to his or her spouse irrespective of the gender. The divorce and alimony laws differ from one state to the other and all the decisions of the alimony finally rests with the court. It is the court who decides whether there should be alimony or not, who will get the alimony, type of alimony and of course the amount of the alimony.

There are in fact different forms in which alimony can be paid by one spouse to the other.

Permanent Alimony This type of alimony is meant to be paid till the death of the payer or the remarriage of the recipient. In some cases there is a co-habitation clause included in the order that means the alimony will be stopped when the recipient starts to live with another partner. The death of the payer will end this alimony and the heir or the heiress of the payer will not be liable for paying the alimony.

Lump Sum This type of alimony is paid at a time instead of paying the alimony over a period. This is beneficial for the payer of the alimony as well as the recipient. For the payer it is one time expenditure and there is no chance of increase in the amount of the alimony in the future. From the recipients point of view it is better as there is hassle of further court orders in case the payer stops to pay the alimony.

Temporary Alimony This type of alimony is given for a period of time as specified by the court. In most cases the alimony is paid for a period of one or two years. This alimony is paid in order to provide financial support to the economically weaker spouse until he or she becomes financially stable by his or her own ability.

Rehabilitative Alimony This is most common form of alimony ordered by the court. This type of alimony is paid for a fixed period of time to provide assistance to the other spouse to acquire sufficient education or training so that he or she can be economically independent.

The divorce and alimony laws are closely related factors and your local family court has the authority to take the final decision on which type of alimony you are entitled to get or you need to pay.

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