Some men might find it surprising that they are sometimes ordered to pay alimony (financial support) after their divorce. In fact, this is not a gender-based issue.
Judges look at a variety of factors to decide whether to award spousal support, how much it should be and how long it should last. These factors include need, ability to pay, length of marriage, standard of living and more.
Child Support
Child support is a form of financial support that can be ordered by a court anytime two parents are separated. It is usually paid to the parent who has physical custody of the children.
Generally, child support payments are based on a percentage of one or both parents’ incomes. The amount of money that a person has to pay in child support will depend on the state’s law and the specific needs of each child.
In many cases, child support can be adjusted if the situation changes. This can happen if one parent loses their job or suffers from health issues.
A child support order can be modified as long as conditions are met and a petition is filed with the court. If a modification is made, the payment will be recalculated based on a formula that varies from state to state.
Alimony
Alimony, also called spousal support or maintenance, is one of the ways that couples divide their assets after divorce. It is typically meant to help a lower-earning spouse maintain the same lifestyle as before the divorce.
Alimony is usually paid by one of the parties, either under a court order or in an agreement between the parties. Generally, judges decide the amount of alimony and for how long it will last.
Some states offer rehabilitative alimony, which is intended to help the supported spouse find employment. It may last a set period of time, or it could continue until the recipient is able to be self-supporting.
Other types of alimony can be terminated due to changes in the supported spouse’s circumstances, such as a better-paying job, retirement or medical expenses not covered by insurance. In such cases, the paying spouse may need to show that the change in the supported spouse’s situation was not fair.
Property Division
The legal process of dividing marital property during a divorce can be a bit complicated. Spouses can try to work out an agreement on the matter through negotiation or mediation. However, if that fails to achieve an equitable division, a couple may have to go to court and ask a judge to divide their assets.
Marital property is generally defined as everything that the two spouses acquired during the marriage, including their earnings. This includes any money they earned together, savings accounts, stocks and business interests.
Separate property, on the other hand, is anything that you owned before getting married, or that you received as gifts, inheritances, bequests or devises. These are typically protected under a prenuptial or postnuptial agreement, and will not be part of the division of marital property during a divorce.
Some states follow the concept of community property, where any assets that a couple acquires during their marriage are co-owned equally and must be divided 50/50. Others follow the equitable distribution approach, which divides property based on what is fair and reasonable.
Counseling
When a couple decides to get a divorce, they can seek counseling to work through the process. Counselors may help couples with any number of issues, such as communication, coping skills, self-esteem and goal setting.
Divorce counseling often takes place as a series of sessions, with each session being based on the individual needs of each client. Typically, the counselor will ask for a list of any concerns and goals before scheduling the first appointment.
During the therapy sessions, both spouses should expect to open up about their personal issues and any negative feelings or emotions that they are feeling. This will help the therapist to understand the problems better and how they are related to the divorce.
Marriage and family therapists or psychologists are trained to help couples develop a more productive, less emotional relationship. They provide concrete plans that shift the focus from rehashing arguments and accusations to addressing current thoughts, emotions and behaviors.
