Unlike child support obligations, alimony, also known as spousal support or maintenance in other states, is not subject to a formula. Instead, alimony is determined by factors such as the length of the marriage, the respective incomes of both parties and other factors.

With more than 25 years of experience handling difficult family law issues, Clarksville alimony lawyer Steven C. Girsky can help you navigate the complex issues of divorce, including alimony, with the goal of protecting your rights and interests throughout the process.

How Alimony Serves Specific Purposes

Alimony may be awarded on a temporary or permanent basis, depending on your unique circumstances. Attorney Girsky will provide straightforward counsel on the possibility of any of the following types of alimony in your divorce case:

  • Rehabilitative – Temporary alimony that is designed to help pay for spouses to finish their education or get a higher education degree so as to improve their job prospects. This is often the case for stay-at-home parents going through divorce.
  • Transitional – Another form of temporary alimony usually awarded for a few months or a few years
  • Alimony in futuro – Long-term alimony that may have no set end date. Alimony in futuro is rarely awarded, but can happen in cases of long-term marriage or other unique circumstances.

Alimony can be among one of the most contested issues in divorce, besides child custody and visitation or property division. It makes sense that you want to fight to protect your rights. However, it is also important to explore all your options for resolution. In letting a judge make the final decision, you could be stuck with alimony for longer than you would like. By working out your differences in negotiation or mediation, you may stand a better chance at achieving a positive outcome.

What Factors Determine Alimony Amounts?

Before the court determines the type, amount and duration, the court will consider multiple different factors, including:

  • Each party’s education and training, and ability to find employment
  • Each party’s earning capacity, additional financial resources or assets, financial obligations and needs relative to the other
  • The duration of the marriage
  • Each party’s age and their physical and mental condition
  • Whether a spouse is the custodial parent of a child of the marriage and that makes it difficult for that spouse to find employment
  • How each party contributed (financially or via in-kind services) to the marriage
  • Whether there was marital fault on one party’s side that ended the union
  • The standard of living that was established during the marriage

The court is also free to consider any other factor deemed relevant to the decision and has very broad discretion over this decision. Couples who want to maintain control over their alimony situation can work together to create an agreement that they both find acceptable. When that is not possible, it is critically important to have strong legal representation on your side to protect your interests and present evidence to the court that supports your position.

When Can Alimony Be Modified?

Generally speaking, the court can modify an alimony award at any time a request is made and one party can demonstrate a substantial change in the circumstances that dictated the original award.

For example, if someone paying alimony can demonstrate that their former spouse has now achieved financial independence through their own employment or has begun cohabitation with a new romantic partner that reduces their living expenses, then the court may reduce or terminate their obligation. Similarly, if the recipient of alimony can show that their former spouse now has significantly more disposable income due to a promotion and pay raise, that may induce the court to increase the monthly alimony award.

In situations where the issues are simply too complex, however, attorney Girsky will defend your rights and interests in court as an experienced and aggressive trial lawyer.

Get Answers To Questions About Alimony

The Law Office of Steven C. Girsky offers evening, weekend and off-site visits in addition to weekly business hours and represents clients throughout Tennessee and Kentucky. Payment plans are available and credit cards are accepted. Contact the firm today or call 931-266-4689 to schedule a free initial consultation.