Alimony and Spousal Support

Spousal support or spousal maintenance, also known as "alimony," consists of a court order to one of the spouses that requires him or her to financially assist the other spouse, either during or after the dissolution of the marriage. This financial assistance can be in the nature of temporary, bridge-the-gap, rehabilitative, durational, permanent, or lump sum alimony. Depending upon the particular circumstances of each case, the court may award one or a combination of forms of alimony, or none at all. Generally, an alimony award may not leave the paying party with significantly less income than the receiving party.

Temporary alimony may be awarded to maintain the financial status quo in the parties’ standard of living, to the extent the parties’ financial circumstances will allow it, during the pendency of the proceedings. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs while that party is making the transition from being married to being single. Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials, or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. Durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration. Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during a long term marriage for a party who lacks the financial ability to meet those needs and necessities of life following a dissolution of marriage. Lump sum alimony may be awarded when periodic alimony would be more appropriate but there is not a steady stream of income from which to draw.

The degree to which one may become obligated to the other, in spousal support, is one of the most discretionary areas of the law. There are a host of factors that must be investigated, carefully studied, and presented to the court to assist it in making a alimony determinations. Only after a careful review of all pertinent factors in your particular situation can an equitable spousal support settlement or decision arrived at.

To obtain the most beneficial decision in your case, it is imperative to have a committed and aggressive lawyer to help fight for you and advise you as to any spousal support or alimony matter. Robert L. Bogen has the experience and wisdom required to properly advise you as to your alimony rights, and to effectively assist the court to make its alimony determinations.