The process of divorcing your partner can be an intimidating experience due to the financial uncertainty that can follow a divorce. To help lessen the financial challenges one spouse may encounter, it can be common for alimony payments to be implemented during the divorce proceedings. If you have a limited understanding about alimony, you might need to have the following couple of questions answered.
Is Alimony The Same As Child Support?
It can be common for individuals to make the mistake of assuming that child support and alimony are the same thing. However, child support is designed to ensure that both parents are playing a role in financially supporting the child. In contrast, alimony is designed for instances where one of the spouses is financially unable to support themselves following the divorce, regardless of the presence of children.
Does Alimony Have To Be Ordered By The Judge?
It can also be common for individuals to assume that a judge will be the one to have to issue the order for alimony payments. However, it is possible for the couple to come to terms on this type of financial support during the mediation phase of the proceedings. During these proceedings, the two sides will be able to negotiate about whether alimony is required as well as the amount and length of time the payments will need to be made.
If a Judge issues the order, how is the alimony amount determined?
In instances where the two sides can not agree to alimony during mediation, the judge may need to issue a ruling on this matter. When deciding the amount of alimony that is owed, the judge will consider both spouses incomes, debts and general earning ability. This is necessary because the judge will attempt to issue an alimony amount that is fair to both spouses. If you find that the alimony ordered is too high or low, you may be able to petition for the alimony to be modified. While this can require another round of hearings, it can be the best option for ensuring that your alimony agreement is as fair as possible.
Divorcing your spouse can be a frightening experience, but if you are informed about the facts that alimony is separate from child support, the factors that are considered when calculating alimony, and that it is possible to negotiate an alimony agreement during mediation, you will be better prepared for this aspect of your divorce.
For more information, contact professionals like Blumenauer Hackworth.