Wednesday, August 14, 2013

Divorce - Before Alimony Smacks You in the Face

Contemplating divorce, remember "nothing equals nothing."  Or the old saying, "you can't get blood out of a turnip."  Alimony isn't just for the rich and famous!

While you’re sitting around trying to figure out if you will be paying alimony, here are a few red flags that suggest you’ll be doling money out to your soon to be ex along with child support and division of marital assets. 

If your spouse opted to stay at home during the marriage, her job description is basically mother and housewife meaning she has managed the household and been the primary caregiver of the children. In reality, she has not pursued a career or furthered her education and financially divorce would be disastrous if she didn’t receive alimony.

Alimony is on the horizon to assist her in a transition from married life to single life – she needs time to make an adjustments get a decent job and/or get more education so she is qualified to earn a nice paycheck. 

Alimony doesn’t have to last forever and it can be modified if the ex has an increase in income or if the paying party’s is laid off or demoted, but it is important to address the alimony issue with your attorney before you arrive in court and it slaps you in the face.

Alimony certainly should be factored into the divorce equation if the man has been the breadwinner and the wife has stayed at home. The judge will look at different factors before making a decision about alimony.  

He or she will consider the length of the marriage, if both parties have worked outside the home, educational support, and the age of the two divorcing parties and of course the age of the children will be taken under consideration.  The million dollar question is this –  how will alimony be paid if neither party has a job? 

Alimony in 2013 is truly a difficult issue due to the recession. Sometimes the divorcing couple have already lost their home.  In order to stay afloat they are using savings, charge cards and retirement funds to pay rent, utilities and put food on the table.

Whatever money is coming into the household monthly may not be enough to pay the bills even when the family is living under one roof. So why would anyone think divorce in 2013 is a free “get out of jail” card?  Nothing equals nothing – no money for child support, alimony and very few marital assets to divide. 


As Always,
Little Tboca
www.caseboss.com

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