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Is the person receiving alimony required to look for work?

| Apr 28, 2021 | Uncategorized |

In Delaware family law cases, the awarding of alimony is a topic that is often in dispute. People who have good jobs, own a business, were married for an extended period and divorced after they turned 40 are especially vulnerable to questioning the need to pay alimony for longer than the minimum time-period. If the paying former spouse believes that the receiving former spouse can get a job of his or her own and is choosing not to do so, it can spark discord. On the other side of the coin, the person who is receiving alimony might believe the role as a homemaker was invaluable to the paying former spouse’s advancement and they are entitled to receive compensation for it in the form of alimony. In these instances, it is important to understand what the law says about the requirements the receiving party must follow.

Alimony is generally not meant to last indefinitely

The law for alimony in the state has certain tenets that must be adhered to. Certain factors are considered when the determination is made as to how much will be paid. That includes financial resources; how long it might take for the receiving person to be trained and educated to self-support; the standard of living from the marriage; how long they were married; age, emotional and physical condition; contributions one spouse might have made to the advancement of the other; and whether the paying party can meet his or her basic needs while doing so; taxes.

Alimony will not last for more than half the duration of the marriage unless it was a marriage of at least 20 years. A person who is receiving alimony is expected to try and self-support. That means seeking vocational training, education or finding a job. The court can deem this unnecessary in certain circumstances including if there is a disability, age is a hindrance, or there are young children living with the receiving former spouse.

Attentive legal guidance may help with a family law case and alimony

People who are in the middle of a family law dispute and are concerned about alimony are advised to have experienced advice. Since this can cause personal and financial challenges – even to those who have a good job and relatively high income – it is imperative to know what the law says and to understand the options available. When children are involved, it is more difficult. Still, there are rules with alimony and if a recipient is not doing what is expected and at least trying to find a method of self-support, this should be dealt with legally. The same holds true for paying former spouses who are trying to shirk their legal responsibility. For representation, having comprehensive advice is key. This can be useful in any family law case and specifically with alimony.