Fairfield Alimony Lawyer

Fairfield Alimony Attorney

It’s common for both spouses to financially contribute equally or close to equally, but for many families, one spouse is the main earner. When one spouse is financially dependent on the other, and the marriage ends, it can create an undue financial burden on the lower-earning spouse. In these cases, a judge may award alimony. If your family is facing a similar situation, a Fairfield alimony lawyer at Reich & Truax, PLLC, can find a personalized solution for your family.

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Understanding Alimony

The term alimony, also called spousal support, means support paid from one former spouse to the other for a number of reasons, such as significant differences in income, staying home full-time or part-time to care for children or the home, disability or chronic illness, or many other factors.

Alimony may be paid during the separation or after the divorce process. Alimony payments are not necessary for every divorce and are separate from the division of marital property and also from child support payments in Fairfield.

There are several types of alimony in Connecticut. A judge may order one or all at different times, depending on the case. The types of alimony include:

• Alimony pendente lite – temporary payments while the details of the divorce agreement are worked out and finalized
• Rehabilitative – also called time-limited alimony, allows the receiving spouse to get education, training, or other necessary skills so that they can support themselves. This is often awarded when the lower-earning person has been out of work for a while or is already pursuing the certifications or education they need for a new career.
• Permanent – long-term payments to the lower-earning former spouse. This order is generally included in the final divorce settlement. While it is called permanent, it can be modified in most cases.
• Lump sum – one large payment in a fixed amount to meet the former spouse’s immediate needs. This does not apply to all cases.
• Periodic – payments that are made at regular intervals. Monthly is most common, but weekly, bi-weekly, quarterly, or other schedules may be used.

Determining Alimony

Unlike child support, there’s not a specific formula to determine alimony. Either partner can petition the court for alimony and will need to prove their financial need and show that the other partner can afford alimony payments. The judge will take several factors into consideration, including how long the marriage lasted and why it ended, as well as the following for both spouses:

• Age
• Health
• Occupation
• Income amount and sources
• Employability and skills
• Debts, needs, and other obligations
• Assets, including their portion of the marital property

In addition, when there are children involved, the judge will take into account whether the lower-earning spouse is receiving child support and, if they stay home to care for the children, whether it will benefit the children for their parent to seek employment.

Changing or Ending Alimony

Alimony amounts are determined based on the circumstances of the parties at the time of the divorce or separation, and in general, that amount will not change. In some cases, the alimony order specifically prohibits any changes, even if the dependent spouse remarries. However, in many cases, there are some major life changes for either party that may result in the need to adjust or terminate alimony payments. Some examples include:

• A large increase or decrease in income for either person
• Serious disability or other health issue
• Retirement or job loss
• Changes in child support
• Remarriage or cohabitation

Enforcing Alimony

A spousal support order is legally binding, like a child support order. The order stipulates the amount, frequency, and method of payment, and non-payment can result in being held in contempt of the court order. Further non-payment can lead to fines, wage garnishment, seizure of assets or liens, suspension of driving privileges, or even jail time.

FAQs

Finding What Works for Your Family and Your Interests

At Reich & Truax, PLLC, our dedicated family law attorneys have decades of experience representing families with high net worth and other complex situations. Alimony may be one of the most contested elements of a divorce, but an attorney can bring the power of our whole legal team to help you achieve your desired outcome. Contact our office right away to discuss your case.