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A Quick Guide to Understanding Connecticut Alimony Procedure and Law
The goal of alimony is to ensure each ex-spouse will be self-supporting and able to maintain a similar financial lifestyle post-divorce.
November 30, 2011 /Law and Legal PR News/ -- A Quick Guide to Understanding Connecticut Alimony Procedure and Law
Alimony, also known as spousal support or spousal maintenance, is often a primary concern while going through a divorce. Conflicting views of fairness as to alimony terms and amounts can make for sleepless nights for the divorcing couple. All parties to a divorce want to maintain a financial lifestyle much like what they had pre-divorce.
To that end, Connecticut has adopted laws and guidelines courts must consider when awarding alimony payments. While the following factors are mandatory considerations, courts also have broad discretion when awarding alimony. Some factors may weigh more heavily than others. Further, the list is not exclusive. The considerations are:
-The length of the marriage
-The reasons for the divorce
-The "age, health, station, occupation, amount and sources of income, vocational skills, employability and estate" of each party -- in other words, the ability of each ex-spouse to be self-supporting and to maintain a similar financial lifestyle post-divorce
-The needs of each divorcing spouse
-If there are children, whether or not the custodial parent should or could obtain employment
While courts can weigh the reasons the marriage is ending, alimony is not intended to be punitive. One purpose of alimony is to help rehabilitate the employability of a non working spouse so as to allow a spouse to become self supporting. In a long term marriage, alimony can be the manner by which the parties are put in an approximately equal financial position. Alimony is generally, but not always, awarded for a specific period of time. It can be granted as a modifiable or non modifiable award. It can be awarded on a weekly basis or as a lump sum depending upon the circumstances of the parties.
Alimony is paid from income not from assets. Child support is a separate category of payment, also from income. Child support is exclusively for the benefit of the children. Although a property division can be factored into the calculation of alimony, the two are separate and distinct.
Modifications Are Possible
The court will attempt to anticipate the needs of each party to the divorce, but unforeseen circumstances do arise. If either spouse experiences a substantial change in circumstances, not foreseen at the time of the divorce, and the alimony award is granted as a modifiable award, the court may consider modifying the terms. The ex-spouse receiving alimony must petition the court to obtain a modification, and can only do so if the original order is entered as modifiable.
An Attorney Can Help
While the law attempts to be consistent and fair in its award of alimony, the broad discretion given to courts to award alimony makes retaining an experienced divorce lawyer essential. Those contemplating divorce should consult a family law attorney to discuss their situations.
Article provided by Swerdloff & Swerdloff
Visit us at www.teamswerdloff.com
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