In your divorce, spousal support or "alimony" may be awarded by the court under certain circumstances. The court has a large amount of discretion on deciding whether alimony will be rewarded, for how long it will be given and the amount of support that will be paid. Spousal support can be a volatile issue leading to additional stress and complexities in your divorce. Whether you or your former spouse are paying the spousal support, a trained and experienced Fort Myers divorce lawyer may be able to help you achieve a fair and workable support agreement.
It is important to understand how the courts go about determining the spousal support that will be paid. The length of your marriage and the standard of living that you and your former spouse had while married are key factors in determining the amount of support. Another primary consideration is the ability of the spouse who will pay alimony to be able to support themselves while making alimony payments.
Other factors such as the following all play a role in the court's determination:
- Your age
- Your emotional state
- Your physical condition
- Your current financial condition
Understanding Spousal Support (Alimony)
When a marriage is dissolved it can have unfair financial effects on a spouse. Spousal support attempts to put a limit on these effects by providing a source of continuing income to a spouse who either does not earn wages or is the lower wage earner between the two former spouses. Spousal support however is not enforced with the same vigor that child support is.
This can cause a former spouse to go to court in a contempt proceeding in order to force payment of the alimony. At our firm, Calvo & Calvo, Attorneys at Law, we strongly believe that you need to know what the spousal support laws are and how they are enforced, and that you need a family law attorney who is fighting for your rights.
In keeping with our modern times, the courts now recognize that the tradition of men paying and women receiving alimony is not always correct in every situation. Alimony is often done for a specific time period while the person receiving it is made able to support his or her self.
In most situations the support payments end when the person receiving it remarries. On the other hand death does not always terminate support payment if factors such as the recipient's health, age or an inability to gain proper employment come into play. Alimony decisions in a divorce case can be complex and we would like to be able to assist you to work out the best solutions for your individual spousal support case.
Contact a Fort Myers spousal support lawyer if you would like assistance in properly handling important spousal support situations and decisions. We serve clients in Fort Myers, Cape Coral and Bonita Springs.
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