If you or your spouse have recently filed for divorce, it’s important to understand the considerations you’ll need to make during this matter. It’s important to understand that in many instances, filing for divorce is an incredibly complex financial issue. As such, you should consider whether or not you want to request alimony. If you’re unsure how alimony works or what factors can influence the court’s decision, you’ll want to keep reading. The following blog explores what you should know about these matters and how St. Louis alimony lawyers can help you right for the best possible outcome.
What Is Alimony?
When you and your spouse file for divorce, it can have a significant impact on your finances. As such, you may find that you are unable to support yourself, especially if you are dependent on the income garnered by your spouse. If this is the case, you can request alimony, also referred to as spousal support, which is a court-ordered payment from your spouse as part of your divorce.
Alimony is typically a monthly payment made to a dependent spouse following a divorce. This is to help ensure that the other spouse can financially support themselves in the period after their divorce. In some instances, this can be a temporary payment until the other spouse can find employment or long-term alimony that can last until retirement age if the circumstances call for it.
It’s also important to understand the factors that can impact alimony. Generally, if you receive alimony and you get remarried, your spouse has no obligation to continue making payments. However, they still must petition the court to stop payments based on your change in circumstances.
Is Spousal Support Automatic?
There’s a common misconception that the courts will automatically order alimony for the lower-earning spouse when in reality, it must be requested as part of the divorce petition or response. If a lower-earning spouse requests alimony, the court must consider a number of factors before granting this request. Generally, you’ll find that the courts in Missouri will consider the following to determine if alimony is necessary, and if so, the amount they will be awarded:
- The age and health of each spouse
- The income of each spouse
- Whether or not one spouse stopped working to support the other or raise children
- How long the couple was married
- How much each spouse contributed financially and domestically to the marriage
- If the requesting spouse has job experience or the necessary education to obtain employment
- The current state of the job market
It’s also important to understand that it is generally up to the discretion of the court to determine how long alimony payments will last.
Alimony is often a contentious matter as the paying spouse may think the payments are too high while the recipient spouse may think the payment is too low. Because these matters can be incredibly subjective, it’s in your best interest to connect with an experienced family law attorney. At Stobie Family Law Group, our team will examine your circumstances to help you fight for the best possible outcome. If you are going through a divorce, contact us today to learn how we can assist you during these matters.