Should i pay alimony

As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it'll be paid. If you can't agree, you'll need to file a formal motion request asking a court to decide alimony. The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order.

One of the downsides of asking the court to decide is that if you're represented by an attorney , the expense of going through a hearing can be significant. Even if you're not represented by an attorney, you will have to spend a lot of time gathering evidence such as financial documents and preparing for the hearing. Every state has its own guidelines on what judges should consider when deciding whether to award alimony.

Most states require judges to evaluate:. If you're the spouse asking for support, the court will look closely at your current income or ability to earn if you aren't currently working. When the supported spouse has been out of the workforce or has been underemployed has an opportunity to work full- or part-time but chooses not to for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent.

For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse's career, a judge will examine the medically trained spouse's future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce.

For example, a judge might require a spouse who has a part-time job that doesn't pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order or the paying spouse might request that an expert called a "vocational evaluator" make a report to the judge on the job prospects for a spouse who hasn't been fully employed for a while. The evaluator will administer vocational tests and then compare the spouse's qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn.

It was a compromise that made sense for both parties, and left them with no further financial obligations to eachother. After the case was settled and I was talking to the parties, the wife told me she felt that she was getting a raw deal.

I told her that I have had numerous cases over the years where a wife has been ordered to pay alimony where the facts call for it. Examples include marriages where the wife is the main breadwinner and the husband takes on the role of the homemaker. Other cases involve women who have high-income careers and their husbands earned a much lower income. Clearly one size does not fit all in divorce proceedings. Where I practice more and more judges are gender neutral and will order a wife to pay alimony where the facts support it.

I think that is often a hard pill for a woman to swallow because it is not the way it used to be. Thank you to Hildebrand Law for providing insight on alimony and payment. All rights reserved. Powered by Razor Rank. The information contained herein is not guaranteed to be correct, complete, or up to date.

You should not rely on any information in this article, but should consult a licensed attorney for legal advice regarding your specific case. Nothing in this article should be construed as legal advice for any individual case or situation. Viewing of this information is not intended and does not constitute an attorney-client relationship.

Additional Resources. View all. Can I get alimony? Yes No. Back to U. View a state Delaware Laws State vs.

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