The structure and entitlement to support is often one of the more contentious issues in a divorce. Spouses often wonder: Will I be obligated to pay alimony? Can I receive alimony? How much? How long? While there is not an exact formula the Court uses to determine alimony, the attorneys at Donahue Hagan Klein & Weisberg are able to estimate a spouses’ alimony exposure or entitlement based upon their years of experience in the Court system and in mediation.
Once the divorce process begins, pending the agreement or decision regarding alimony, the supported spouse will likely receive interim support, known as pendente lite support. The goal of pendente lite support is to establish a support arrangement and continue the marital status quo pending resolution or trial. The structure of pendente lite support will vary in each case depending on how you maintained your finances and paid expenses during your marriage.
To establish a fair and equitable amount of alimony, we are guided by our newly amended alimony statute. Our law provides the court the ability to establish (4) different types of alimony: open durational alimony, rehabilitative alimony, limited duration alimony or reimbursement alimony. In establishing the type, amount and length of alimony, we are guided by (14) factors. However, barring exceptional circumstances, in a marriage or civil union less than (20) years, the total duration of alimony shall not exceed the length of the marriage or civil union.
While a court is limited in the structuring of alimony, the mediation process allows for more creative solutions to the issue of alimony. With the guidance of experienced attorneys and mediators, a more tailored remedy may be available, allowing you to craft an alimony structure that meets your specific circumstances, while also permitting each party to have a say and input in the final resolution. For example, although a Court would not otherwise be able to order a “buy-out” of an alimony obligation, the mediation process allows you to consider is this is a suitable resolution for your case.
In addition to the calculation of alimony, and establishment of pendente lite support, our firm also has vast experience in handling and litigating palimony cases. Palimony is reserved for unmarried couples and is derived from a prior agreement and promise of support, and require the showing of multiple factors, including the length of the relationship, foregone opportunities, etc.
Whether mediating, negotiating or litigating the issue of alimony, you will require an experienced attorney knowledgeable of the evolving case law and statutes. The attorneys at Donahue, Hagan, Klein & Weisberg, LLC have handled alimony cases at both ends of the financial spectrum and our partners have regularly lectured on this topic.
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