While divorce can be fraught with emotions, it can also be wrapped in financial uncertainty. Property division could leave you on edge, not knowing which assets you’ll receive and which ones you’ll lose, and the amount of child support that is ordered can have a significant impact on your finances regardless of which side of the dispute you fall on.
Alimony, too, can provide a lot of uncertainty, and it may have the biggest impact on your day-to-day living post-divorce. That’s why it’s important to know the alimony laws in Delaware and how they may apply to your circumstances.
The types of alimony that can be ordered
Previously on the blog we’ve discussed how alimony is calculated and when a modification of alimony can be sought. This week let’s look at the various types of alimony that a court can order.
- Temporary alimony: This type of alimony is meant to help a lower earning spouse adjust to post-divorce life. Therefore, as its name implies, this form of alimony is temporary and ceases once the divorce is finalized. Think of temporary alimony as a way to give a lower earning spouse a little bit of stability while he or she gets set up on his or her own during the divorce process.
- Short-term rehabilitative alimony: This type of alimony is common in Delaware and is meant to support a lower earning spouse while he or she obtains a job or secures training or education to be able to land a job. The spouse who receives the alimony must make a good faith effort to secure employment, otherwise the alimony may be ceased. This type of alimony can last for as long as half of the length of the marriage, though a modification can be sought sooner if the receiving spouse successfully secures employment before that time or remarries.
- Permanent alimony: Permanent alimony is relatively rare in Delaware. It is usually only ordered in cases where the parties have been married for 20 years or more and the receiving spouse is incapable of becoming self-supporting. Sometimes this issue arises when a custodial parent is unable to work, but it can also arise when health concerns make it impossible for an individual to secure meaningful employment.
Know how to address your alimony dispute
Regardless of which side of the issue you’re on, there’s a lot at stake in an alimony dispute. On one side, alimony can provide you with the financial resources that you need to find stability post-divorce. It can also help compensate you for the sacrifices that you made during the course of your marriage. On the other hand, paying alimony can be enormously expensive and can leave you facing your own financial challenges. So how do you navigate the challenges in your alimony dispute?
You need to not only know the types of alimony, as discussed above, but also the factors that the court will consider when deciding whether to order alimony. You should then diligently work to gather evidence that speaks to each of those factors and how they play to your favor. You should also anticipate the arguments that the other side will make, which could be completely contradictory to your take on the matter. That’s why you need solid evidence. Financial records, medical records, and evidence showing ability and sacrifices can all be pivotal during your case.
We know that dealing with divorce can be daunting. After all, there are a whole host of issues that you’ll need to address. That’s why it’s important that you know how to appropriately address all of your divorce legal issues, including alimony. Therefore, if you think that you need more information about how to handle your divorce legal issues, then please consider researching each of these issues further.
