Marital misconduct is the primary reason behind an award of alimony. However, the length of the marriage also plays a role in this award as well as the spouse’s ability to support themselves. Adultery and spousal abuse are the grounds in these cases where spousal support is awarded. Anyone who wishes to fight for alimony should contact Divorce Lawyers in Biloxi MS for further instruction.
Alimony and Support
In divorce cases where the marital estate is considerably large, alimony is awarded to allow the spouse to maintain the same standard of living that he or she had during the marriage. After the award of alimony, the judge determines what type of alimony is appropriate. Lump sum alimony is basically a settlement that is dispersed to the spouse. He or she cannot request more money at a later time.
Periodic alimony is regular payments based on the schedule set up by the judge. Usually, the spouse receives it bi-weekly or once a month. These payments are based on the income of both spouses and their expenses. It is considered as a long-term payment plan which the former spouse must provide until he or she remarries or dies. Any failure to provide this support as ordered by the judge is considered contempt and holds penalties similarly to child support requirements.
A temporary form of alimony is rehabilitative, which is only allowed until the spouse completes training courses. After he or she acquires a job in their respective field, the former spouse is no longer obligated to pay alimony. However, he or she may be liable for the cost of the educational programs.
Fault Divorce
Identifying fault in a divorce may determine whether a judge awards alimony. If a spouse has committed fraud or withheld information during the marriage such as the paternity of a child, it is possible that the petitioning spouse could receive alimony, if the couple was married at least five years. Fraud also applies to omission of drug or alcohol abuse, abusive tendencies, and mental illness. However, it is unlikely that the petitioner will receive alimony if their spouse is institutionalized without a large estate. To discuss these probabilities, residents may contact attorney G. Morgan Holder,.
