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Protecting What Matters Most

What You Should Know When Seeking Alimony

On Behalf of | Feb 28, 2017 | Alimony

Getting divorced is widely considered to be a stressful process, to say the least. Not only does the entire process trigger painful emotions, but it also requires an in-depth review of marital property intended for fair property division. If you have been a stay-at-home spouse, then getting divorced can adversely affect your daily source of sustenance. As an unemployed or underemployed spouse, getting alimony is no longer a distant thought, but an immediate possibility with the aid of a considerate Judge.

According to Rhode Island law, several factors need to be considered before spousal support can be awarded to an ex-spouse. In most cases, the court will consider vital factors such as the duration of your marriage, your profession, your children’s needs and your standard of living during the marital period before determining the exact amount payable. The court will also consider your grace period before obtaining formal employment or a sustainable business.

As a divorcing spouse, alimony is only awarded to support you financially until you get back on your feet, or attain your previous standard of living. In most cases, it is advisable to come to an amicable agreement with your ex-spouse beforehand, rather than taking the matter to court. With such a cordial agreement in place, you can avoid an arduous litigation process guaranteed to raise your legal expenses. Keep in mind that spousal support can be quite tricky, and coming to a favorable solution works in the best interests of all members concerned.

Spousal support is mostly paid until the exact end date specified in the agreement. However, the court might instigate a spousal support modification clause in exceptional circumstances rendering payment irrelevant. For instance, spousal support can be terminated when the court deems you are self-sufficient. Interesting enough, the court can also enforce regular spousal maintenance until a decision is made otherwise. Getting remarried serves as a common trigger that terminates spousal support. As the ex-spouse tasked with paying alimony, you might be tempted to avoid spousal support. The implementation of such thoughts not only breaches the court order but also makes you liable for prosecution. So think twice before violating any alimony payment.

Based on your current emotional state, paying alimony might seem like a cruel form of injustice especially when infidelity ruined the marriage. Before making any risky decisions, contact an experienced Providence alimony attorney for crucial guidance.

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