The question of whether spousal support is justified and what amount is fair raises a number of issues, each of which must be viewed in light of the specific relationship under consideration. A court takes into account the needs of the parties and family, the income-generating capability of each partner, and multiple other criteria before reaching a conclusion and ordering any support it deems necessary.
The issue of Spousal support can involve significant consequences for everyone involved. If you are facing a severed marriage and anticipate being either awarded or compelled to pay alimony, you can and will submit evidence for the court to consider in drawing its conclusion regarding spousal support and/or as part of any cooperative attempt to resolve the issue out of court. If you want to modify an already existing alimony award or gain a better understanding of how a potential award might be determined, you should consult with our experienced Greenwich spousal support lawyers.
When a Greenwich married couple divorces, the court issuing the decree may order one partner to pay the other alimony under §46b-82 of the Connecticut General Statutes (“C.G.S.”). The court may, and usually does also order the paying spouse to purchase life insurance, as security for the support which may continue until the death of either partner or the remarriage of the partner receiving alimony.
In deciding whether to award alimony, what amount to award, and the length of time for which alimony should be paid, a court takes into account the evidence submitted by each party and considers multiple factors including, but by no means limited to:
If the court orders alimony to continue only for a fixed term of years, (as opposed to until death or remarriage), then the court must provide a rationale for such “term” alimony and make a finding that the recipient of said term alimony will or should be able to financially support themselves at the conclusion of said term based upon the totality of the circumstances. To learn more about if alimony may be ordered or how it may be scheduled, it is wise to consult with our dedicated team of lawyers.
Modifying an established alimony order requires that a substantial change in the financial circumstances of either party be demonstrated. Periodic payments of alimony may not be changed retroactively except that the modification may include any time that passes after the service of a motion for modification, while the motion is pending. If a court finds a change in circumstances that justifies a modification of an alimony order, it then applies these same factors as were applicable to making an original alimony award to establish the new amount and/or related conditions.
Another condition that may lead to changes or suspension of alimony payments arises when the partner receiving them begins living with another person, and the financial situation is likewise altered. If the parties form an independent agreement specifying conditions for modification, the court can apply those and integrate them into the judgment. Someone receiving or providing alimony payments in Greenwich and/or Fairfield County can learn about factors that can potentially give rise to an alimony modification and how they might apply to their case by getting in touch with our experienced spousal support attorneys.
Whether you anticipate an initial court order for alimony payment or wish to modify a support order already in place, you can substantially benefit from pursuing legal advice about how to proceed. Details matter when an award of spousal support is considered, and the better you understand the key details, the greater your chances of having your needs and interests reflected in the court’s decision. Schedule a consultation with our Greenwich spousal support lawyers at SGCBBW to find out more about your situation.