PRACTICE AREA ALIMONY

PRACTICE AREA
ALIMONY

When a couple divorces, determining whether alimony should be paid, how much it will be, and how long it will be paid for can be a very contentious matter.

Whether you need to obtain, modify or enforce an existing spousal support order, our dedicated and experienced legal team at Schoonmaker George can help you navigate these life-altering legal matters. 

When a couple divorces, determining whether alimony should be paid, how much it will be, and how long it will be paid for can be a very contentious matter.

Whether you need to obtain, modify or enforce an existing spousal support order, our dedicated and experienced legal team at Schoonmaker George can help you navigate these life-altering legal matters. 

  • How much alimony will be paid?
  • How long will I receive or have to pay alimony? 
  • Can alimony be modified in the future as circumstances change?

There is no absolute right under Connecticut law to receive alimony and/or spousal support. A judge determines whether alimony is warranted given the facts of a particular case and, if so, then determines the term and amount of alimony to be paid. The main factors that the court considers is set forth in General Statutes 46b-82. These factors include the following: 

  • Length of the marriage: Generally, the longer the marriage, the more likely that an alimony and/or spousal support order will be awarded
  • Age and health of the parties: The health and age of each spouse are also factors that may be considered by a judge when determining spousal support. If one spouse has health issues that prevent them from working or require ongoing medical care, this may be taken into account.
  • Occupation, earning capacity, vocational skills, education, employability, and amount and sources of income of each party
  • Needs of each of the parties
  • Estates of the parties and asset division award: In determining whether to award alimony, the amount of alimony, and the term of alimony, the court will consider what awards of asset division were made pursuant to General Statutes 46b-81.
  • Causes of the breakdown of the marriage: Despite Connecticut being a “no-fault” divorce state, meaning there does not have to be any showing of wrongdoing for a divorce to be granted, the issue of fault may be relevant to a spousal support determination.

The court’s generally think of alimony terms based on one of the following models:

  • Temporary: Also known as pendente lite alimony. Temporary alimony can be ordered to help a spouse make ends meet during the divorce process, which can take anywhere from six months to a year or more to complete.
  • Rehabilitative: Rehabilitative alimony is paid only until the receiving spouse is able to become financially self-sufficient. This may apply if the receiving spouse just needs time to prepare themselves to be independent and return to the workplace. Rehabilitative alimony is paid for a fixed term.
  • Permanent: This type of alimony and/or spousal support does not have a set end date except in the event of death, remarriage of the recipient spouse, or potentially pursuant to cohabiitation statute.

The amount of alimony to be paid can be a fixed amount of dollars per week or month or can be based on a percentage of income. There are important strategic considerations at play in determining whether to have alimony set at a specific dollar amount versus a percentage based order.

If you anticipate that alimony will be a contested issue in an upcoming divorce or separation, there is too much on the line for you to navigate the process without legal representation. Speak with an alimony and/or spousal support attorney today. Speak to an experienced family attorney to understand your options related to alimony.

CONTACT US

We are here to help answer any questions you have and guide you through this process. We recommend that you call our firm to set up a consultation appointment with one of our attorneys. You may also use the form to contact us and we will respond as soon as possible.

HOW CAN WE HELP ?

Required Fields*

CONTACT US

We are here to help answer any questions you have and guide you through this process. We recommend that you call our firm to set up a consultation appointment with one of our attorneys. You may also use the form to contact us and we will respond as soon as possible.

HOW CAN WE HELP ?

Required Fields*