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Alimony

Do I qualify for Alimony? What is my exposure on this issue?

Alimony is determined after the court’s assessment of the asking party’s need for alimony and the ability of the other party to pay. Without a need for alimony, none will be awarded. Where one party needs alimony and the other party lacks the ability to pay alimony, it will not be awarded.

Temporary Alimony or Pendente Lite

In any divorce proceeding, a party may request temporary support to help meet his or her need while the divorce proceeding is pending. The court will award a reasonable sum of alimony based on the requesting party’s immediate need.

Rehabilitative Alimony

Rehabilitative Alimony may be awarded to assist you in becoming able to support yourself. This type of alimony is designed to pay for you to redevelop previous skills or credentials, go back to school, complete a training program, or gain work experience necessary to get a better job.

In order for the court to award rehabilitative alimony, you should work with your attorney to develop a specific and defined rehabilitative plan. This is essential to get an award of rehabilitative alimony.

Bridge the Gap Alimony 

Bridge the Gap Alimony is intended to help one party transition from the marital standard of living to the standard of living they can achieve as a single person. It is only awarded for a short period of time, not more than two years.

Durational Alimony

Durational alimony is to give assistance to a party for a set period of time, not to exceed a set number of years given the length of the marriage. The amount of durational alimony is a function of applying a percentage to the difference in each party’s net income. Although this sounds complicated, we are here to help navigate you through the difficult process of securing your alimony. 

Lump Sum Alimony

Lump Sum Alimony can be awarded in addition to Permanent alimony if the court deems it appropriate. An example would be where the court would award one party the marital residence as alimony so that the home can be maintained to raise the children.

Support Unconnected with Dissolution of Marriage

Not everyone gets a divorce. Support Unconnected with Dissolution of Marriage is awarded when one spouse refuses to contribute to support of the other spouse or the children.

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