Are you currently paying alimony to an ex-spouse? In most cases, alimony is temporary. This means that when circumstances change, the court may order the termination of alimony, letting the paying spouse off the hook. It is very rare for alimony or spousal support to last a lifetime. Instead there are typically conditions which allow an individual to terminate the payments.
Alimony is normally used as an aid to help an ex-spouse get on his or her feet after a divorce. Normally, alimony is awarded to a spouse who stayed at home with the children during the marriage and did not have a job that was providing income. While this individual develops the skills necessary to start a career and earn his or her own money, the spouse with a good job may be required to pay alimony.
The goal of alimony is to get an ex-spouse situated in life separate from his or her spouse. It is not to sustain an ex-spouse's needs for life. In many divorces, the court will allow alimony for a duration that is half the marriage's length. For example, if a marriage lasted 14 years, the courts may permit the non-working spouse seven years of alimony or spousal support.
To determine when you can terminate your alimony payments, you will need to determine what type of alimony you are paying. There are several different types of alimony that can be honored in several states. For example, in Tennessee, divorcees can pay rehabilitative alimony, alimony in futuro, alimony in solido, or transitional alimony. In rehabilitative alimony situations, the court will mandate alimony payments until the court determines that the receiving spouse is on his or her feet financially and no longer needs aid.
In alimony in future cases, the form of spousal support continues until terminated by the court or the death of the recipient. If a person receiving support begins living with a third person, the court will presume that this third party is assisting in the support of the recipient and that this support should be reduced or terminated entirely. The person receiving alimony has the opportunity to show why he or she should continue receiving payments despite the fact that he or she is living with someone else.
In most states, if a receiving spouse starts cohabiting with another partner, alimony can stop. If you are paying alimony and determine that you ex is living with someone new, then you will want to talk with an attorney about proving this and then using this evidence to terminate your payments. You may want to use geolocations or cell phone tracking to evidence that your ex-spouse is living with another partner at present. The support will end automatically if the recipient marries his or her partner. If an ex-spouse fails to inform his or her ex that he or she remarried, then the paying spouse reserves the right to demand reimbursement for all payments made after the marriage took place.
Transitional alimony is alimony that the court can stop when a receiving spouse lives with a third party. Transitional alimony does not always end when a spouse gets remarried, depending on the conditions of both parties. Alimony in solido is a form of support that does not terminate under any conditions, until death. This is rarely used. If you believe that your ex-spouse is self-sustaining and is capable of handling his or her own finances, don't hesitate to contact an attorney at the firm for assistance today. With the right lawyer on your side, you may be able to terminate your alimony and preserve your finances!