Alimony is a type of spousal support that one ex-spouse makes to the other. Mostly, during the initial divorce proceedings, spouses make the alimony payment agreement, but in some cases, it can be revisited.
However, divorce can have a significant and negative effect on the financial health of a party (especially on the dependents). Often a spouse finds that his or her financial situation is no longer the same after the divorce. In this case, the matter of alimony may need to be reopened.
Now, you must be thinking, can I request alimony after divorce proceedings are complete? Well, YES, you can revisit the alimony issue. But there’s many more to it, and to know the rest, keep on reading this article.
What Are The Types Of Alimony?
Before jumping to the main point, it will be better to know the types of alimony. You will find different types of alimony that can be awarded to one spouse by the other one during a divorce. For example-
- Temporary Alimony: It is provided only during the time of the divorce process. Payment, in this case, will only last until the divorce is finalized. And in many cases, an official alimony agreement can also be established.
- Permanent or Long-Term Alimony: Permanent alimony is a process where it is given to one spouse until death, retirement, or remarriage. It is common when the ex-spouse is not self-sufficient due to disability or age.
- Rehabilitative Alimony: Rehabilitation alimony is currently the most common type of alimony offered in divorce cases. It is provided when an ex-spouse requires some time to gain skills for the job market, to complete an educational program, or until the children grow up.
This alimony has a fixed deadline which is set by a judge. This date will be set until the judge believes that the person is self-sufficient or able to take responsibility on their own.
- Lump-Sum Alimony: Some states allow lump-sum alimony instead of monthly maintenance income to a spouse. Basically, it is a one-time payment to a spouse.
- Reimbursement Alimony: This type of alimony is given in return for any investment made by one spouse for the other spouse’s education or business.
Suppose you have worked to admit your partner into college, and shortly thereafter, you and your spouse get divorced. In that case, the judge may reward the first partner with reimbursement alimony until the “debt” is paid off.
Note: The alimony type will vary depending on the law of different states or countries.
Can I Request Alimony After Divorce Proceedings Are Complete?
When one spouse is financially dependent on the other for a long-term marriage, that dependent person is awarded alimony. Simply put, you will be rewarded if you are unable to meet your needs without your spouse’s financial support.
In this case, the other spouse must pay the alimony. On the other hand, if both the spouses earn the same amount or those whose marriage lasts for a short time, they may not have to pay maintenance.
Now, come to the main point, can I request alimony after divorce proceedings are complete?
Well, if you don’t ask or receive alimony during the initial divorce process but feel the need for assistance or financial support later, you can revisit the issue. This means you can request alimony after your divorce proceeding is complete and both of you have moved apart, but there should be an alimony order.
In fact, it is not only the wife’s right; either spouse can ask for alimony to court. However, the judge will reward alimony only if found the following-
- If you are fully relying on your spouse for financial support,
- To fulfill your needs, you do not have sufficient property, in fact, marital property,
- You have no job or due to caring for your child if you can not do any job,
- If you are fired from your job.
Remember one thing, Family law varies from state to state and also changes frequently. For example, In Dublin, before applying for revisiting the alimony order, you must check your eligibility for getting legal aid.
Therefore, it is always recommended to consult a divorce lawyer Dublin to see if you are eligible to revisit the alimony order. In addition, they will help you get a better idea of what a fair alimony agreement will look like and provide the best ever assistance. With this in mind, let’s move to the next section.
What Determines If A Spouse Gets Alimony?
Many states provide their spousal support rules based on the factors listed in the Uniform Marriage and Divorce Act. So, before applying for the alimony, make sure you fulfill these conditions. Here are some reasons that the state court may consider while determining whether to award alimony or not.
● Marriage Length
Before deciding to award alimony, many states consider the marriage length. And often, alimony is awarded to the spouses who have been married for a long time. Since each state has different guidelines, the following are the average length of marriage to award alimony.
5 years or less: Usually, in 5 years or less marital cases, alimony is paid based on approximately half the length of your marriage. So, you can expect to award alimony for roughly 2 years if you were married for only 4 years.
10-20 years: In 10 to 20 years of marriage, you can expect to get alimony on average 60 to 70 percent of the marriage length. That means, if you have been married for 20 years, your alimony will probably last for 12 to 14 years. However, this timespan can change based on the circumstances of individuals.
20+ years: Marriages that last so long are more likely to receive permanent alimony. This means you will get lifetime support from your ex-spouse until you die or remarry.
● Income
The court will consider each party’s income. In addition, based on the spouse’s education, experience, and skill, they will evaluate the earning capability of each spouse. Apart from these, the court will also look out if the obliged spouse is able to support themselves while paying the alimony.
● Property
The court also considers the relative amount of property, including the separate and marital property that both spouses will take away after the divorce. Here, the court actually considers the total property value, as well as its nature.
● Health and Age
Courts consider each spouses’ health condition, and even they determine the health condition related to their age, physical, and emotional condition.
● Time
If any spouse requires completing any additional education or training which requires finding or getting a job, the court will see how long it will take to complete these and the necessary expenses. The main goal here is to make the receiving spouse completely self-sufficient.
● Standard of Living
The living standard of the couples will be considered by the court, which they enjoyed during their marriage. In addition, they will see if each spouse is still able to maintain that living standard without requiring any financial support from the other.
● Other Contribution
If there are any financial or other contributions, for example (such as household or child care) made by one party to the other party’s education, training, vocational skills, career, etc., in that case, the court will also consider this.
Note: The judge can consider any other factors which seem fair and appropriate to them. Another thing is the marital fault like if one of you had an affair, it won’t be considered.
Conclusion
So, this is all for can I request alimony after divorce proceedings are complete?
One thing to keep in mind, you will no longer be able to seek alimony modification unless there is an alimony order in place. In this case, if you want to waive the alimony, the court does not accept it, in fact, this matter won’t be reconsidered later.
For this reason, the divorce order includes a small amount of an alimony award, and it acts as a kind of placeholder. This leaves the door open for you so that you can revisit the alimony order or any correction required once the divorce is finalized.