Spousal support or alimony arrangements are typically included in marital settlement agreements, or they are implemented by court order. Alimony is money paid by one spouse to another, either in a lump sum or in monthly payments, and it’s usually not granted in short marriages or in those in which spouses’ incomes are roughly equal.
Why is Alimony Given?
The concept of alimony is hundreds of years old, and it was designed to help a low-earning spouse keep the same standard of living to which they’d grown accustomed. Today, spousal support helps a spouse get back into the workforce after being out for years to take care of the home and children. If alimony laws did not exist, a low-income spouse would have no way to become self-sufficient after a divorce.
When is Support Ordered?
Alimony is often ordered when a spouse needs monetary support after a divorce. When a judge orders it, the paying spouse must make a specified number of payments. Just like other issues in a divorce, the length and amount of payments may be determined by mutual agreement. If spouses cannot agree, the court will set terms.
How Long is Alimony Required?
The length of time for which a spouse must make payments can be set by agreement or by the court. If support is ordered, the paying spouse will have to make payments until:
* the termination date set by the court,
* the other spouse remarries,
* the children reach the age of majority,
* a spouse dies, or
* the paying spouse demonstrates an inability to afford payments.
Options When a Spouse Refuses to Make Payments
If a paying spouse refuses to make payments, the other person has several options, including:
* calling the county revenue department,
* hiring a family law attorney to file a contempt of court motion, or
* filing the motion on one’s own.
Once alimony is ordered by the court, failing to pay can cause one to be in contempt of court. The receiving spouse has the option to file a lien against the other person’s property or to garnish their wages. In some cases, courts may order the payer to submit the delinquent alimony amount plus interest.
Do Spouses Need to Consult a Lawyer?
Relationships between former spouses can be contentious, and it may be difficult to arrive at a resolution. A family law attorney with Blatzlawminnesota.com can advise people of their rights, and they can help clients resolve their alimony issues, among other things. Visit their website to find out more.
