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Looking for girlfriend > 40 years > How does a wife get alimony

How does a wife get alimony

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The answer is yes, it is possible. You must call an experienced divorce and alimony lawyer to determine your rights and the specifics of your situation. Each situation is different. Earlier working wives were not entitled to maintenance however, with passage of time and subsequent amendments in law, the right to maintenance has finally been provided to wives. The concept behind such recognition is that a wife is deprived of many comforts after she leaves the matrimonial home. Sometimes, she loses interest in life.

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The Mississippi Bar

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The general rule is that a spouse is dependent when he or she makes less money than the other spouse. Technically, a dependent spouse is a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.

The amount of alimony varies widely. Alimony is to be paid in such amount as the circumstances render necessary, having due regard to the factors considered by the courts. When the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay any alimony at all. If however, the supporting spouse has also committed acts of illicit sexual behavior then the court is permitted to award alimony.

If only the supporting spouse has committed such acts then the court must award alimony. You and your spouse may decide that one of you is entitled to receive alimony payments and may do so without going to court. If you are unable to agree on the matter, then you can submit the issue to the court for a decision. Alimony is paid by a supporting spouse to a dependent spouse when the court deems it necessary after considering the sixteen statutory factors.

It is important to remember that regardless of whether alimony is arranged by agreement or ordered by a court, it is taxable to the recipient spouse and tax deductible to the payor spouse. Both periodic and lump sum payments may be for a limited, specified term. In fixing the amount of alimony, the court must consider all the factors enumerated in G. The duration of the award may be for a specified or for an indefinite term. Connect with. Remember Me. Register Lost your password? Log in Lost your password?

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Can A Working Wife Get Alimony?

Donahue, Jr, Esq. The key to alimony is understanding the term "the standard of living of the marriage. The basic idea behind alimony is that when your marriage ends, you both should be able to go on living as you were before the divorce. If you make all or most of the money, you would probably have to share that income with your spouse.

When determining spousal support, sometimes referred to as alimony, courts consider several things. First, in their analysis, they consider the type of spousal support one may qualify for. Next, they consider a host of other factors, including, but not limited to the length of the marriage when determining whether someone qualifies for spousal support.

The obligation arises from the divorce law or family law of each country. The Code of Hammurabi BC declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them:. Alimony is also discussed in the Code of Justinian. The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce. Alimony pendente lite was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued.

Alimony: What Do I Need to Know Before Divorce?

Divorce proceedings include the settlement of many issues between the parting couple. One issue is alimony, an allowance authorized by law for one spouse to receive from the other for financial support. At one time, courts used alimony as a punishment, ordering a husband guilty of marital fault to pay alimony to the innocent wife. Today, courts often refer to alimony as spousal support and award it based on need and ability to pay, not on gender or as a punitive measure. Another alimony issue is compensation when one spouse supported the other through graduate or professional school. Mississippi law defines two types of alimony, lump sum and periodic payment. Lump sum alimony is a fixed and final dollar amount paid either in a single payment or over a period of time. The court cannot later modify the amount, nor does the death or remarriage of either spouse affect it. Periodic payment alimony is subject to modification and ceases at the death of either spouse or the remarriage or co-habitation of the receiving spouse. Regardless of the type of alimony selected, the court must state a specific amount.

Who Qualifies for Spousal Support?

The general rule is that a spouse is dependent when he or she makes less money than the other spouse. Technically, a dependent spouse is a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. The amount of alimony varies widely. Alimony is to be paid in such amount as the circumstances render necessary, having due regard to the factors considered by the courts.

To provide "reasonable and necessary" support. The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.

Spousal support issues arise in Virginia divorces where the parties have been married for a substantial length of time and there is a significant gap in their incomes. Adultery by one spouse will usually, although not always, bar that spouse from receiving spousal support. See Adultery and Divorce in Virginia.

Spousal Support (Alimony) in a Nutshell

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all. Alimony can be awarded to a husband or wife; however, in cases when there are children involved, the man is usually the breadwinner, and the woman may have given up a career to raise the kids and will be at a financial disadvantage. A divorced spouse has the right to live the same quality of life he or she had when married.

Unlike with child support, there is no formula that will tell you whether or not you will get spousal support or how much you will get. Spousal support is decided on a case-by-case basis. Sometimes spousal support is needed to make sure both parties are taken care of after a divorce. It may also be ordered if one party will be financially worse off after the divorce and the other party can pay some money to make up the difference. Spousal support is not simple.

Spousal Support (Alimony) in a Divorce

Jump to navigation. The judge can also deviate from the amount of time for the kind of alimony if you have special circumstances. Usually judges order more alimony for longer marriages; the longer the marriage, the more alimony a judge will order. A judge can decide how much a spouse should be earning. The judge can make an alimony order that is different from the limits.

If you make all or most of the money, you would probably have to share that income with your spouse. If you didn't, your standard of living would rise considerably.

If this is your first time registering, please check your inbox for more information about the benefits of your Forbes account and what you can do next! As in my post last week about new changes to credit card laws , reforms typically represent progress, right? In fact, the proposed changes pose serious concerns for divorcing women and those of us who advocate for them.

This Fact Sheet provides general information about spousal support under the Divorce Act. The Divorce Act applies to married couples who are divorcing. Provincial or territorial laws apply to unmarried or common-law couples that are separating and to married couples that are separating but not divorcing. A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act.

Spousal support is generally issued in connection with cases involving divorce or legal separation. Also known as alimony , spousal support is where one spouse pays the other ex-spouse a certain sum of money, usually on a monthly basis. Courts may require this in instances where one party is much more financially stable than the other, and the other party needs assistance in beginning life after the divorce or separation.

By Roderic Duncan , Judge. In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake.

In addition to certain guarantees provided by law, LegalZoom guarantees your satisfaction with our services and support. Because our company was created by experienced attorneys, we strive to be the best legal document service on the web. If you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future LegalZoom orders. Spousal support, as it is now commonly called, used to be known as "alimony.

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