Can I Get Alimony After Divorce Is Final

Earlier filing for divorce, acquire all about alimony (or spousal support): what it is, how it works, and how information technology's enforced.

Pension isn't automated and isn't ordered in every divorce. Just information technology isn't exactly rare either. If you're facing a divorce and are planning to request alimony, or you call up your spouse might ask for it, you'll want to understand what alimony is, how judges made decisions on the issue, when yous tin alter or stop alimony payments, and how you and your spouse might achieve an understanding on the effect rather than having a judge decide for you.

What Is Alimony?

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Alimony is basically defined as one spouse's payment to the other—under a courtroom social club or the couple's agreement—after divorce or while a divorce case is proceeding. States use dissimilar terms for pension, such as spousal support and maintenance, just they normally mean essentially the aforementioned thing. And state laws on alimony determine how it works and how judges decide when to award spousal support, how much, and for how long (more on all that beneath).

When you lot're thinking about alimony, it might help to know a couple of things it is not:

Alimony isn't a way of equalizing a divorced couple's financial situation. Instead, it's typically meant to help make sure that both spouses are able to meet their financial needs.
Spousal support isn't just for ex-wives. The vast bulk of states take changed their divorce laws to be gender-neutral, and some women at present observe themselves existence ordered to pay pension to their one-time husbands, at to the lowest degree for a time. And alimony is available in same-sexual activity divorces simply as in divorces between husbands and wives.

At that place are basically iii types of alimony (although a few states have boosted variations):

temporary alimony that lasts only until the divorce is final
rehabilitative back up that'due south meant to assistance the recipients make the transition to supporting themselves, and
permanent back up.

While many states use the term "permanent" spousal back up for any alimony that'south ordered as part of the last divorce judgment, those payments very rarely terminal for the rest of the recipient's life. True permanent pension is usually reserved for situations like lengthy marriages where one spouse stayed out of the job marketplace for many years and—because of age, inability, or other circumstances—isn't likely ever to proceeds financial independence. Even and then, the support payments volition finish when the supported spouse remarries.

Even rehabilitative alimony typically only goes to erstwhile spouses who missed out on educational or career opportunities considering they devoted a pregnant amount of time to raising children and taking care of the home. For instance, judges will seldom honour alimony in cases where the marriage lasted just a year or two. In fact, some country laws allow pension awards only when the couple has been married for a sure corporeality of fourth dimension.

How Courts Determine Alimony

Country laws set out the rules for judges to consider when they're deciding whether to award alimony in whatsoever instance, likewise as the amount and duration of the payments. These rules are sometimes unlike for temporary support during the divorce and for post-divorce pension.

Deciding Whether to Award Post-Divorce Alimony

When judges are deciding whether to order alimony payments after divorce, they generally must start out by deciding whether one spouse needs support and whether the other spouse has the ability to pay that support. Most states spell out a number of factors judges should consider when making that decision. Typically, these are the same considerations that get into decisions about the amount of alimony (every bit discussed below).

But that'south non always the case. In some states, y'all must run into separate requirements to authorize for alimony before the judge decides how much to award. In Texas, for case, the law presumes that spousal maintenance isn't appropriate outside of certain limited circumstances. Fifty-fifty in long-term marriages, Texans requesting maintenance must show they've seriously tried to earn enough or develop the necessary job skills to provide for their "minimum reasonable needs."

Considerations When Deciding How Much Spousal Support to Award

In one case judges have decided that some amount of alimony is appropriate in a particular case, they must decide how much back up to laurels. Almost all states spell out a number of factors judges should consider when making these decisions, such as:

the couple's standard of living during the marriage, and the extent to which each of them could maintain a like lifestyle later divorce
each spouse's income, avails, and debts
how much each spouse volition get when their property is divided
whether i spouse has a lower earning chapters because that spouse was unemployed for periods of time while taking intendance of the family
the length of the marriage
each spouse's age and wellness
contributions either spouse made to the other's training, education, or career advancement, and
whatsoever other factors the gauge thinks are fair.

Also, some states permit (or fifty-fifty require) judges to consider a history of domestic violence or other misconduct on the role of one or both spouses when they're deciding whether to order alimony. But 1 factor that's generally not under consideration: which spouse filed for divorce. You lot may request spousal support when you file for divorce. And if your spouse was the one who started the divorce process, you may inquire for pension (normally by filing a "counter" complaint or petition).

Retrieve, not all of these considerations employ in every country. And in just a few states, like New York, courts must use a formula to calculate post-divorce maintenance. Merely judges still have leeway (or "discretion," in legalese) to order more than or less maintenance if they find that the guideline amount would exist unfair or inappropriate based on various considerations.

If y'all're asking for back up, the guess will look closely at your electric current income or—if you aren't currently working or aren't earning enough to live on—your ability to earn. If you've been out of the workforce or underemployed for a long time, the estimate is more likely to laurels back up for every bit long every bit it volition take y'all to become contained. However, yous might have to show you're doing what you lot can to get to that point, such equally taking classes or other preparation. Sometimes, a judge will guild that an expert called a "vocational evaluator" study your abilities and qualifications, compare them with potential employers, and approximate how much income you could earn.

Of course, unless you're really rich, y'all probably know that it's nigh impossible to maintain separate households at the same standard of living that you and your ex enjoyed while married and living together. That'due south especially truthful now that more and more divorced parents share custody of their children and accept to continue bedrooms for the kids in both of their homes.

So both quondam spouses will probably have to make adjustments after divorce. That means that if y'all're the one who'due south being ordered to pay support, the judge might decide that you lot could be earning more you're making now. For case, if yous're only working part-fourth dimension, you might be required to look for a full-time job.

Deciding How Long Spousal Support Will Last

Beyond the circumstances that automatically cease alimony payments (discussed beneath), some states have split rules for deciding how long alimony should last. For example, a country'southward law might set a fourth dimension limit on maintenance payments, or it might provide a full general guideline—such as half the length of a spousal relationship or no longer than the marriage lasted. Only those guidelines may vary depending on whether it was a short or long-term marriage (with 10 years equally the typical measure out of a long-term marriage).

Otherwise, judges generally consider the same factors when deciding how long pension should terminal as they do when deciding on the amount of support. All the same, they might not set an accented cut-off appointment when they make the original maintenance gild. Especially when a marriage has lasted a long time and the alimony recipient will need some time to go self-supporting, judges may reserve jurisdiction over the upshot—meaning that they retain the legal authority to extend, alter or stop maintenance payments in the future.

What About Temporary Spousal Support?

Spouses oftentimes need some kind of maintenance payments to help them comprehend their living expenses while a divorce case is proceeding. Ofttimes, the rules for application temporary alimony are different than for and so-called permanent support. That'southward partly considering while a couple is nonetheless married, state laws require spouses to support each other.

To simplify the process of deciding the amount of temporary pension, some states and local courts use a formula or guideline.

How Does Alimony Work?

Usually, alimony payments are periodic, with a sure amount typically paid every month. Sometimes, a judge volition order a spouse to pay a lump sum to the other spouse for maintenance, either in cash or in a property transfer (separate from the regular process of dividing the couple'south marital property).

Lump-sum pension awards can't be undone. But y'all may usually ask the court to change or end periodic pension payments, unless the original courtroom order (or agreement) specifically said that they are "nonmodifiable." However, you'll take to convince the estimate that modifying or ending maintenance is justified considering you or your spouse has had a significant modify in circumstances, like a paying spouse'southward retirement or a supported spouse's new high-paying job.

Some circumstances automatically cease periodic alimony, such as when the supported spouse remarries or either spouse dies. Depending on the law in your state, some other circumstances—like when the supported spouse has started living with a partner—may either end alimony or justify reducing the payments when they significantly affect the recipient's need for support.

When yous're seeking spousal support, you lot'll generally request it in your initial paperwork when you file for divorce (or respond to your spouse'due south petition). If you can't agree with your spouse on the outcome at some betoken in the process, y'all'll demand to file a formal motion (asking) request a court to make a decision for y'all. The courtroom will schedule a hearing where both sides volition be able to present their positions and show. Afterward considering the arguments and evidence, the judge will issue an lodge.

If in that location wasn't a request for alimony during the divorce, and it wasn't addressed in the final divorce judgment, neither spouse may become back later and ask the court for spousal support.

Enforcing an Pension Laurels

If your ex isn't paying court-ordered spousal support, you may go back to court to ask the judge to enforce the alimony orders. The same is true when you lot and your ex had an agreement on the issue that was made part of the terminal divorce judgment or some other courtroom gild. Typically, yous'll file a "show crusade" action (motility), and the court will ready a hearing to determine why your ex isn't following the order and what the judge should do to enforce it.

Family unit law courts have various tools at their disposal to enforce alimony payments, and a deadbeat spouse could face up fines and penalties for failing to follow an pension order. A approximate may also order a spouse to pay pension retroactively to make up for any missed payments.