When couples file for divorce, it can significantly change the financial situation of each party. In some cases, this may put one spouse at a disadvantage or significantly alter the lifestyle they’ve grown accustomed to during the marriage. This is where an alimony lawyer in Litchfield can provide valuable guidance and insight into what steps are involved in the process.
Rich Rochlin Family Law works diligently to protect your rights and broker satisfactory terms in your alimony case. Whether you are the requesting or paying spouse, a Litchfield family lawyer can help you complete each step and provide the correct documentation with your request. These cases can be complex at times, and we utilize our nearly 25 years of experience to provide effective solutions.
How Alimony Works in Litchfield, Connecticut
Alimony, or spousal support, is financial support paid from one spouse to another to help offset the loss of income that may be experienced after a divorce. A spouse may apply for alimony during the divorce process by petitioning the court for assistance and providing evidence of their financial need. Both spouses’ circumstances are carefully evaluated during the resulting legal process.
Unlike child support, spousal support is not a guaranteed outcome during a divorce. Judges have discretion over whether or not alimony is warranted and granted. They also oversee the amount of alimony that may be paid out and how long a spouse may receive alimony payments. Judges carefully assess every request based on the circumstances involved.
The purpose of alimony is to ensure both spouses are treated fairly and have the opportunity to move forward on equal footing after a divorce. The longer a couple has been married, the more likely it is that an alimony request will be granted. To determine how to proceed in your alimony case, work closely with an experienced Litchfield alimony attorney.
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Common Factors Considered When Determining Alimony Eligibility in Litchfield
There are several factors that a judge will take into consideration when determining an individual’s eligibility to receive alimony. These elements can affect whether or not a petition is approved, as well as how much alimony may be permitted. According to Connecticut General Statutes § 46b-82, some common factors evaluated in an alimony case include:
- Duration of the marriage
- The spouse’s lifestyle during the marriage
- The age of each spouse
- The health of each spouse
- Each spouse’s financial situation
- Employment and earning capacity
- Each spouse’s contribution to the marriage
- At-fault grounds for divorce
Spouses will need to demonstrate that they meet eligibility requirements by providing financial documentation to show income and expenses, medical records showing health conditions, and relevant documents that show a spouse’s ability to work or find employment. Spouses will also need to complete all applicable legal forms and submit a financial affidavit to the court.
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How Alimony is Calculated and Distributed
In addition to eligibility requirements, a judge will determine the alimony payment amount based on each spouse’s financial abilities and earning capacity. Payments may be paid out in regular installments or as a lump sum. The paying spouse may also have alimony payments withheld from their income.
The duration of alimony must also be established in a case. This is typically influenced by the petitioning spouse’s needs. In Connecticut, a spouse can request temporary alimony to help them get on their feet during the divorce. Rehabilitative alimony is used when a spouse needs to upskill before becoming financially independent. Alimony can be granted for a specific period of time or permanently.
If a judge approves alimony, they will issue a court order that financially obligates one of the spouses to make regular payments. This is legally binding for the duration of the order. As such, individuals who fail to make spousal support payments can be at risk of having their wages garnished, assets seized, license suspended, and more. In some cases, a court may also penalize individuals with time spent in jail.
Modifying Alimony Orders
Alimony modifications can be made if the paying party experiences significant financial changes or if the receiving spouse remarries.
In these situations, it is important to talk to a lawyer first about your options. Alimony orders are binding, and understanding alimony modification in Connecticut is important for avoiding legal repercussions. A lawyer can help you submit a petition and follow the appropriate procedures.
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How a Litchfield Alimony Lawyer Can Help
As discussed above, there are several factors that are considered when determining your eligibility and the terms for alimony. These requirements and subsequent legal process may be confusing, and a lawyer can guide you through what steps to take to increase the likelihood of a favorable response by the court. Since alimony is not guaranteed, a lawyer will advocate for you throughout the process.
Lawyers can help prepare alimony petitions and gather all relevant documents needed by the court. Based on your information, a lawyer can also help you calculate the value of alimony in your divorce. However, it is important to note that judges have discretion in awarding alimony, so initial calculations may vary from the final award. However, a lawyer will fight to secure the maximum amount.
When you hire Rich Rochlin Family Law, we do our due diligence to gain a thorough understanding of your situation so we ensure that you have a strong case. We also take the time to build a relationship with you so we can provide you with effective solutions, strategies, and counsel. From start to finish, we look out for you and ensure that you are treated fairly and can have peace of mind as you move forward.
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Contact Rich Rochlin Family Law Today
Rich Rochlin Family Law advocates for you when you’re petitioning the court for alimony or responding to a request from your spouse.
We help you understand your options and protect your rights, so you receive a favorable outcome. To learn more about us and how we can serve you, schedule a consultation with an alimony attorney in Litchfield today.
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