Alimony Information
WHO IS ELIGIBLE FOR ALIMONY?
Rightfully Yours focuses on two important issues: how to secure your share of your ex-spouse's pension benefits earned during the marriage, and how to obtain past-due alimony and child support payments from your ex's pension, profit-sharing, or 401(k) savings plan. It explains the best-kept secret under U.S. federal law: The Qualified Domestic Relations Order. A QDRO is the legal document necessary to obtain direct payments from your ex's retirement plan(s).
Factors affecting alimony
Length of the marriage
Generally alimony lasts for a term or period, that will be longer if the
marriage lasted longer. A marriage of over 10 years is often a candidate for
permanent alimony.
Time separated while still married
In some U.S. states, separation is a triggering event, recognized as the end of
the term of the marriage. Other U.S. states (such as New Jersey) do not
recognize separation or legal separation. In a state not recognizing separation,
a 2-year marriage followed by an 8-year separation will generally be treated
like a 10-year marriage.
Age of the parties at the time of the divorce
Generally more youthful spouses are considered to be more able to 'get on' with
their lives, and therefore thought to require shorter periods of support.
Relative income of the parties
In U.S. states that recognize a 'right' of the spouses to live 'according to the
means they have become accustomed', alimony attempts to adjust the incomes of
the spouses so that they are able to approximate, as best possible, their prior
lifestyle. This tends to strongly equalize post-divorce income, heavily
penalizing the higher-earning spouse.
Future financial prospects of the parties
A spouse who is going to realize significant income in the future is likely to
have to pay higher alimony than one who is not.
Health of the parties
Poor health goes towards need, and potentially an inability to support for
oneself. The courts do not want to leave one party indigent.
Fault in marital breakdown
In U.S. states where fault is recognized, fault can significantly affect
alimony, increasing, reducing or even nullifying it. Many U.S. states are
'no-fault' states, where one does not have to show fault to get divorced.
No-fault divorce has the advantage of sparing the spouses the acrimony of the
'fault' processes, and the disadvantage of closing the eyes of the court to any
and all improper spousal behavior.
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