No Fault Divorce Alimony
No fault divorce alimony is the issue concerning the allocation of spousal support after the divorce is completed and where the grounds of the divorce have been “no-fault”. As is understood, in the case of no-fault divorce cases, none of spouses need to prove that the other spouse had committed a wrong, such as adultery, brutality, desertion etc in the court of law to get a divorce. A partner can get divorce on the grounds of irretrievably broken down marriage or irreconcilable differences between the other spouses.
Alimony in no-fault divorce
Alimony or spousal support refers to one spouse paying for the other spouse after the divorce. This is to ensure that the financially weaker spouse continues to live the same standard of living that he/she had enjoyed during the marriage.
Factors determining no fault divorce alimony
Spousal support in no-fault divorce
- The general thumb rule of how much alimony must be provided to the financially weaker spouse depends on the duration of the marriage. If the spouses were married for a longer period of time and one spouse has been involved in home-making and thus, has disadvantage of a career, then automatically alimony amount would be higher.
- Courts also try to determine the length of separation before divorce and the spouses’ ages while deciding alimony amounts.
- Health of the spouses and future prospects of the spouses, financial capability of the payer etc are also considered in no-fault divorce alimony.
- As is clear, the ground for divorce is no-fault. Had it been “fault grounds” of divorce, the judge would be analyzing the “faults” committed by a spouse. If both the spouses have committed “wrongdoings’, then their mistakes are compared and the one whose mistake is graver is likely to pay more alimony support or, if he/she is financially weaker then, would receive a lesser amount of spousal support.
In no-fault divorce cases, courts follow the general rule of either asking the financially stronger spouse to pay the spousal support in the form of permanent alimony, temporary alimony or rehabilitative alimony.
Permanent no-fault divorce alimony
Here, the financially stronger spouse is expected to extend spousal support for a lifetime or until that spouse remarries.
Temporary no-fault divorce alimony
In this case, courts ask financially stronger spouse to provide alimony support to the other spouse till the latter is capable of earning sufficiently.
Rehabilitative no-fault divorce alimony
In this case, the financially weaker spouse gets spousal support to adjust to the post-divorce life. This is more often the case, if that spouse is employed but does not have a very good earning capability.
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