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Divorce is terrible, but for some, the life that comes afterward can be incredibly difficult as well. When your partner was the breadwinner in your household, you didn’t have to worry about bringing in money. Someone else supported you and took on that responsibility. Now that you’re getting divorced, you won’t have that support anymore, and you’re going to need help as you become accustomed to working and providing for yourself. Alimony can help, and our spousal support attorneys can help you get what you need.

Or maybe you were the breadwinner. Maybe you have been supporting yourself and your spouse for years now, but no longer want to after your divorce is finalized. The odds are low that you won’t be able to avoid paying alimony, but if you feel that your spouse is more prepared for single life than they’re letting on, you shouldn’t pay more alimony than necessary. Our spousal support attorneys can help you ensure your alimony rates are fair if you receive any, and do not leave you with the stress of supporting an ex-spouse you’re supposed to be divorced from.

Whether you need alimony or are worried about paying too much in alimony, our spousal support attorneys can help you.

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What is Alimony?

Alimony, also known as spousal support, is a regularly scheduled payment that one spouse pays to another after their divorce is final. This is separate from child support, with the payments being finalized and calculated based on reasons completely different from child support. Child support is agreed upon first and can affect alimony payments.

This only occurs when there is a great disparity between the earnings of the two spouses. There is a long-held belief that if one spouse could not maintain even a modicum of their previous living standard without the financial support of the other spouse, they should receive payments to remedy that.

The spouse who brought the money into the household is what is commonly called the breadwinner, while the other may be the homemaker. This is not set in stone. Sometimes, one partner can provide for themselves but makes significantly less than their partner.

How Does the Court Decide Whether a Spouse Needs Spousal Support?

Making less money than your spouse does not automatically entitle you to spousal support. Pennsylvania courts will have to consider many factors first when determining if spousal support is necessary. These factors include:

  • The current earnings of both spouses and their predicted earnings soon after the divorce.
  • The ages of both spouses.
  • Whether or not any physical, mental, or emotional conditions causes either spouse to need financial assistance.
  • All sources of income either spouse are receiving. This includes medical, retirement, insurance, and other benefits.
  • Any inheritance a spouse has received or knows they will receive.
  • How long the marriage lasted.
  • How much one spouse contributed to the education, training, or other form of increased earning power of the other spouse.
  • Whether or not there are children in the relationship, and which parent has primary custodial custody.
  • The standard of living during the marriage.
  • Each spouse’s level of education.
  • How long it should take the alimony-seeking spouse to find employment.
  • The marital assets and non-marital assets of each spouse.
  • The contribution of the spouse who was the homemaker.
  • Any special needs one of the spouses may have.
  • Any marital misconduct, such as adultery, abuse, or other criminal activity.
  • The tax consequences of any alimony award to either spouse.
  • The ability of the alimony-seeking spouse to support themselves.

After taking all of these aspects into consideration, they decide whether or not the alimony-seeking spouse needs to receive spousal support. Once the need for alimony is established, they calculate how much it should be.

How Do Courts Calculate Alimony?

There is no specific formula for determining alimony. They focus on the standard of living during the marriage and the paying spouse’s ability to pay spousal support. They can also require the paying spouse to cover the other’s medical insurance and uninsured medical expenses when considered appropriate.

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What’s the Best Way to Handle Spousal Support?

You don’t need to run everything by a judge and civil court. You and your spouse can consider mediation through experienced divorce attorneys like those at Lermitte & Lubin, LLC, and negotiate aspects of your divorce, alimony included. Even if you would both want different attorneys, you can have a private negotiation with both parties’ legal attorneys present.

Our divorce attorneys have extensive experience helping our clients negotiate a divorce agreement that provides what they need for them. This includes child custody, marital asset division, alimony, and more.

Don’t Hesitate to Contact Lermitte & Lubin, LLC for Help

Alimony is commonly one of the most difficult issues to negotiate during a divorce. It’s common for a civil court judge to have to intervene to push negotiations forward and make the final decisions on what’s fair and what’s not.

If you need an attorney who will fight for you to a judge and/or in negotiations with your spouse, you need the attorneys at Lermitte & Lubin, LLC. Our alimony attorneys will fight to ensure you have the support to survive your divorce. Contact us today.

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