The short answer to the above question is no. You need not allege fault on the part of your spouse in order to get a divorce. All 50 states allow no-fault divorces, meaning you need only allege that you and your spouse have “irreconcilable differences” and your marriage therefore is “irretrievably broken.”

Just because you don’t have to allege or prove fault on your spouse’s part, however, doesn’t mean you can’t. Almost all states allow fault to enter into a divorce if the circumstances of your marriage call for it.

Why You Might Want to Allege Fault

The main reasons why you may want to allege fault in your upcoming divorce is that, if you can prove your allegations, the judge may award you more spousal support, child support and/or marital property than you would receive in a no-fault situation.

Fault Divorce Grounds

Common grounds for a fault divorce include the following:

• Your spouse committed adultery.
• Your spouse committed spousal abuse, child abuse or other “cruel and inhuman” actions that make it unsafe for you and your children to live with him or her.
• Your spouse abandoned you and the marriage at least one year prior to your petition for divorce.
• Your spouse has been incarcerated for three or more years and is likely to remain incarcerated for the foreseeable future.
• You and your spouse have lived apart for one or more years, with or without obtaining a legal separation.

Keep in mind that abandonment can take two forms, actual and constructive. In an actual abandonment, your spouse left home with no intention of returning or continually locked you out of the marital home, preventing your return. In a constructive abandonment, your spouse refused to engage in sexual relations with you for a year or more.

Fault Divorce Downsides

While a fault divorce will give you the opportunity to publicly state your grievances against your spouse so as to “justify” your divorce, it also gives him or her the opportunity to defend against those alleged grievances. There’s also the possibility that he or she will counter-sue, alleging that you, rather than he or she, are the true party at fault.

As you might expect, a fault divorce takes considerably longer to obtain than a no-fault divorce and also costs considerably more since alleging fault necessarily involves additional court time and other expenses.

Legal Representation

Regardless of whether or not you wish to allege fault in your divorce, you would do well to engage the services of an experienced family law attorney. He or she can protect your rights and guide you through the entire divorce process. 

         Often in a marriage, one member of the couple makes more money than the other, or sometimes a spouse does not earn money from a job at all, as they are maintaining a home or children. Alimony, also known as spousal support, is money paid to support or supplement income for a husband or wife in the event of divorce, as a family lawyer, such as from Daniel J. Wright, can explain.

         It is crucial to obtain an experienced, reputable attorney to help you through the divorce process. Each state has different laws pertaining to alimony and you will need a local attorney to help you navigate the process and receive the highest divorce settlement and spousal support you are entitled to. Just because you did not work outside the home and earn your own money, does not mean you are not entitled to share in the monies your spouse earned during your marriage.

         The law firm of [Law Firm Name] is here to help you. Please call us today at [Phone Number] for a free consultation. Our experienced team of attorneys will make sure you understand the divorce process and help you receive the best settlement possible, based on your unique circumstances.  Even if you cohabitated and are not married, you still may be entitled to a similar type of support, called Palimony. Always talk to a professional legal representative to make sure you understand your rights and can get the help you need.

         There are several different types of alimony. You may be eligible for one of multiple forms of spousal support.

•         Separation or Temporary Alimony is support you receive while the divorce proceedings are ongoing. A spouse is often entitled to funds to maintain their level of lifestyle during the marriage, until the court can decide how to divide marital assets and if there is any ongoing support warranted. It is important to obtain legal representation right away, so your day-to-day well-being and security are not in jeopardy.

•         Rehabilitative Alimony can be granted when one spouse does not have the skills to support themselves adequately or has been out of the workforce awhile. In this case, the court can award that spouse alimony to help him or her get back on their feet financially. In some cases a spouse can receive ongoing support for schooling or training to learn a new career, or financial support to start a business, or bridge the gap while you search for a job. The amount and duration of alimony granted in this case varies widely based on individual circumstances.

•         Permanent Alimony is granted for the life of the spouse or until he/she remarries. This type of alimony is usually reserved for long-term marriages where there is a large discrepancy in income. In some cases there is a cohabitation clause that triggers an end to the alimony if the recipient begins to live permanently with an individual.

•         Reimbursement Alimony is less common, but can be granted by the court when one spouse has paid a significantly high amount of money to educate or help a spouse start a business. This can be a one-time re-payment or payments stretched out over time, until the predetermined reimbursement amount is repaid.

•         Lump Sum Alimony is a one-time payment determined by the court, paid at the end of the divorce decree. This type of alimony is granted when a spouse does not want any of the marital assets, but prefers a pay-out determined by the judge, based on the couple’s resources and many other factors. Sometimes a judge will grant a lump sum alimony payment when a spouse is not legally entitled to typical alimony, but the other spouse is willing to help them with money to get back on their feet.

Regardless of your personal circumstances, it is imperative to retain the best legal counsel available. A law firm can help you achieve the best settlement in your divorce. Please call today for a consultation.

When you are going through a divorce, you have many details that you need to figure out with your spouse and attorney. In the best case scenario, the divorce is ending amicably and you and your spouse will be able to agree on what works best for both of you. However, you should always be prepared to face the reality that the divorce may not go so smoothly. When this happens, alimony payments can become complicated and they can even become a point of resentment. When you are facing the reality of alimony payments—whether you are the spouse paying alimony or the spouse receiving alimony—you want to ensure you have a family law attorney on your side who can help you come up with the best plan of action and representation in court. For more information on alimony after a divorce and how you can best prepare, please reach out to a lawyer, like a divorce lawyer from Pioletti Pioletti & Nichols, today.

What happens when you pay alimony?

Typically, there are a few things you can count on when a judge orders you to pay alimony to your spouse. If you are wondering what circumstances may cause alimony to end, some of these are:

• Your judge has determined a certain date when the alimony payments will end.
• You or your spouse pass away.
• Your spouse remarries to someone else after your divorce.
• In some states, you do not have to keep paying if your spouse cohabitates with someone else.
• Your spouse is no longer needed at home as a full-time parent.
• Your spouse has not attempted different ways to become more self-sufficient (applying for jobs, getting certifications or training).

In other cases, it is even possible for a judge to modify the amount that you pay in alimony. For example, if you retire or lose your job, your amount may be modified. Additionally, if your spouse can make more money but instead chooses to have a job that makes less money than what they are capable of, a judge may restrict the alimony or reduce it.

What should I do if I plan to be on the receiving end of alimony?

If you hope to receive alimony after your divorce is finalized, you should mention this to your lawyer as soon as possible. When you hope to receive alimony, a lawyer can gather evidence to show that you need these payments — either due to a lack of job, being a full-time caregiver, or because you were used to a specific type of lifestyle. Additionally, in some cases, a judge may require you to go back to full-time work if you can do so if you are not currently holding a job or if you are only holding a part-time job.

If you are getting a divorce with your spouse and are on the supporting or receiving end of alimony, you likely have many questions. Contact an attorney as soon as possible to see how he or she can help you with your alimony case during your divorce.

When it comes to getting a divorce, couples are usually forced to think about money in different ways. A couple (or a court) will divide money based on the assets and debts that the individual spouse has, by child support (if they have children), and by alimony. When it comes to the first category—assets and debts—they are typically split 50/50 between the couple unless there is a particularly strong reason to do otherwise. However, assets and debts do not affect the other two categories in the same way that child support can affect alimony. Thus, the amount of child support one spouse pays will affect the amount of alimony they pay as well. If you are going through a divorce and working through alimony and child support questions and issues, please reach out to a lawyer, like a divorce lawyer from Pioletti Pioletti & Nichols, today. He or she will make this process as smooth and stress-free as possible. 

What usually affects the alimony amount?

There are many things that affect how a court decides on a specific amount for alimony. Some of these are:

• How old each spouse is.
• If there was marital misconduct.
• How long the couple was married for.
• Each spouse’s earning potential.
• The mental and physical health of each spouse.

How does a court typically calculate alimony?

When it comes to calculating alimony, a court will typically look at a few things. They will likely see that one spouse makes less than the other after taxes are taken out, and the court will compare this to what that spouse’s monthly expenses are. In doing this, a court can see that if one spouse has a monthly income of $2,000 but has $3,500 of necessary monthly expenses, the net income is a negative number. When this is the case, a court will likely decide that you need alimony, typically at the amount of money leftover (in this case, $1,500).

How does child support affect alimony?

A court considers child support to be income, thus it increases the dependent spouse’s net monthly income. So, if the person is making $2,000 a month and receives $900 a month in child support, they would only need to receive another $600 to reach the necessary $3,500 for monthly expenses.

In short, how does this affect the two spouses regarding alimony and child support?

1. For the dependent spouse, they will likely receive less money specifically for alimony but more money in terms of child support.
2. For the supporting spouse, they will likely pay less in alimony and pay more in child support.

Get Help from a Family Law Attorney Today

When it comes to divorce, blood pressure and stress can begin rising when money comes up. However, the court has a solid system in place when they determine who gets alimony or child support and how much they should get. If you have any questions on how child support affects alimony, please reach out to a caring and trusted attorney today.