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In marriages of a significant duration, the issue of whether or not spousal support is paid will have to be addressed. Spousal support or alimony is not automatically awarded in divorce; however, it can be awarded under certain circumstances which are up to the judge's discretion.
Such a matter is typically awarded in marriages of a long duration, but there are circumstances where it has been awarded in shorter marriages, and whether or not a judge awards spousal support will depend upon a variety of factors. In most cases, alimony is awarded in a divorce where one spouse spent a significant amount of time contributing to the marriage by caring for the home and children while the other spouse financially supported the household.
Contributions as a caregiver and homemaker are not ignored in a divorce or perceived as insignificant contributions. The courts are well aware of the fact that a lot of time and energy is invested into caring for children, and the family home. In many cases, the homemaker forfeited their rights or opportunities to a higher education or a high paying job in order to care for the couple's children, which years later gave them a weakened earning power as a result of years out of the workforce.
The main purpose of spousal support or alimony is to help the spouse with a lesser earning power get to the point where they can support themselves on their own. This type of case can be temporary where it gives the spouse the resources they need to support themselves while they go back to school, or get trained in an occupation, or while they look for a job. In many cases once the spouse is self-sufficient, the spousal support ends. Other times, spousal support can last until one of the parties dies or until the receiving spouse remarries. This usually happens in marriages of a long duration where the supporting spouse has the means to support the other spouse for a long time.
Typically the types of divorces where spousal support is awarded are the ones where one spouse stayed at home to care for the family as the other spouse worked. With divorcing couples where both spouses had high paying jobs, little or no alimony may be awarded. If and how much support is awarded will depend upon the age and health of both spouses, each parties earning power or potential, and each party's income. The courts will also consider each parties contribution to the marriage, and to each others' education.
Financial obligations involving the matter and child support can become contentious and should always be handled by professional legal representation. Without a knowledgeable divorce lawyer by your side when negotiating a spousal support agreement, you could wind up receiving less than you deserve, or paying more than you should. It is always advised in the legal community to hire your own attorney when getting a divorce. If you have a large estate, your attorney will be able to explain the tax implications of spousal support and how they would affect your unique case. If you are getting a divorce and are seeking to receive spousal support, or if you may be required to pay alimony, a seasoned family lawyer will be able to explain your legal rights and how they might affect spousal support in your divorce. If you want to have as much control over your situation as possible, contact a family law attorney today to start being proactive about your divorce!
The Austin legal team at Zinda & Davis, PLLC is proud to have helped countless individuals and families with their family law needs. They are a family firm who will treat your case as if it was one of their own. They understand how sensitive and volatile family law issues have the potential to be, and they will do everything they can to make the process easier and less stressful for you. Whether you need help drawing up a prenuptial agreement of if you need help with your divorce, they have the knowledge and experience you need to get it done right. They can help ease issues with your ex and work towards an amicable divorce by using a compassionate and caring approach, or they can be aggressive and unrelenting if matters take a turn for the worse. They care about their clients and they strive to help them achieve their objectives in all of their legal proceedings. If you need help with a family law matter, contact an Austin family law attorney from the firm at (877) 531-3119 to learn more.
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