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Delaware Alimony Lawyer
Are you dealing with concerns about spousal support as you finalize your divorce? When you need help making sure you aren’t taken advantage of during this trying time, reach out to a qualified Delaware alimony attorney.
A divorce is one of the most challenging periods a family will face. Divorce will affect your entire life and that of your children. When one spouse is going to need help covering expenses while learning to live life apart from the other spouse, the discussion of alimony will almost certainly come up.
Whether you are going to require financial assistance to survive after the divorce or you’ll be the one ordered to help support your former spouse, the assistance of a qualified Delaware alimony lawyer with Barros, McNamara, Malkiewicz & Taylor can protect you and ensure that you are treated fairly throughout your divorce.
The Purpose of Alimony
The topic of spousal support, also known as alimony, comes up in divorce proceedings when one spouse earns more money than the other and the lesser-earning spouse will need help covering household expenses on his or her own. The idea is to disrupt the lives of everyone involved as minimally as possible.
Although one spouse might earn more money than the other, because you spent a portion of your lives together, you likely shared finances, as well. During your divorce, you both should be treated with fairness and be able to live a lifestyle similar to the one you lived while you were together, despite one spouse earning less than the other.
Regardless of which side of the equation you’re on, an alimony lawyer in Delaware can fight for your best interests and what’s fair.
When Is Alimony Awarded?
There are a few different types of alimony that you might be required to pay or might receive. A judge can issue an interim alimony order that is in effect during your divorce proceedings, short- or long-term alimony once the divorce is final, and permanent alimony if the marriage has been in effect for at least twenty years.
Before alimony is awarded, the court will need to determine that one spouse requires the financial assistance of the other in order to maintain the lifestyle the two shared while married. For example, one spouse might have been unemployed but maintained the home throughout the marriage and will need time to secure employment that can support his or her standard of living.
One spouse also might need alimony if he or she is the primary caretaker of a child with special needs and will need additional time to find employment, if one spouse doesn’t have marital property to live on his or her own (furniture and other household necessities), or if one spouse has depended on the other for the entirety of the marriage.
Once necessity has been established, the court will move on to the calculation of what the alimony payments will be each month. A lawyer can help throughout the divorce process, but an alimony attorney in Delaware could be particularly useful during this part of the process.
Calculating Your Alimony
Alimony payments can technically be for any dollar amount and for any length of time, as determined by the court. In marriages that lasted less than twenty years, the alimony payments will not usually exceed half of the length of the marriage. For instance, if you were married for ten years, you wouldn’t be receiving or required to pay alimony for more than five years.
The court examines a number of factors when calculating the amount that each monthly alimony payment will be. Some of these factors include the following:
- How long you were married
- Your standard of living as a couple
- The income and expenses of both spouses
- The expected time for the spouse requiring support to undergo job training or obtain employment
- Your ages and emotional and physical state as you divorce
It is important to note that spouses who are receiving spousal support will be expected to do what they have to in order to eventually be able to support themselves without the financial assistance of their former spouse. Usually, this means either finding employment that will meet your needs or obtaining education and job training that will allow you to earn a living on your own.
Consult a Delaware Alimony Attorney
Divorce is rarely an easy process for either spouse. When one spouse requires financial support, the court may determine that alimony should be paid to him or her so that the divorce doesn’t cause undue financial stress.
If you are going through a divorce and need help obtaining spousal support or are expecting to be ordered to pay spousal support, get in touch with an experienced lawyer at Barros, McNamara, Malkiewicz & Taylor. We can help make sure you are treated fairly throughout the divorce process.
Our firm is proud to offer no-obligation case assessments to prospective clients. You can take advantage of yours by completing the contact form we’ve included below or by calling a Delaware alimony lawyer directly at 302-734-8400.