Who Should Get the Alimony: The Husband or the Wife?

While it is more common that the husband will have to pay for the alimony, this isn’t always the case. After a divorce, it’s very important that the alimony be settled right away. Without the right lawyer in charge of the case, things may get messy. So when you get a divorce, study all the aspects of divorce law, and get your lawyer to help you out to fix things.

What Should You Know About Alimony?

In a layman’s language, alimony refers to the support one spouse has to give to the other after a divorce. It is an obligation as required by the law. But how do you compute the amount that you should give to a spouse after divorce? It usually has to depend on the situation you and your ex-spouse has. In any case, you may use the Modern Law calculation to know how much you have to pay.

Who Should Get the Alimony?

Again, this will all depend on the situation. While most courts usually favor women, there are times when the men can fight for their legal rights. When we talk about alimony, one principle that we must always remember is the principle of the “standard of living of the marriage”. This means that even after divorce, both parties must still live in the same standard as they did during the marriage.

In a general sense, this means that the one who earns more should share with the one who earns less to make things equal. While this is the ideal principle of alimony, there are other things to take into consideration.

What Factors Should You Consider?

The courts will, more often than not, favor the well-being of the children. This means that the first factor of the alimony is the lifestyle of the kids. The courts will take into account the individual income made by both parties and the contributions each makes during the marriage. With this in mind, the courts will try to split the distribution of the income so that both parties and their kids can enjoy the same standard of living.

Is It Possible Not to Pay Alimony?

Yes, it’s possible! Alimony is only paid to the spouse that can’t meet his or her standard of living after the divorce. If both parties can meet their respective standards of living or even more, then no one needs to pay an alimony. The courts will also take their jobs into consideration.

Conclusion

In the end, who gets the alimony? It really depends on the court. Generally, the one who earns less will get it. However, the courts will still dig the case deeper. They won’t only consider each of their salaries but also their assets, expenses, and other factors that they deem necessary when they want to make the decision. That said, always have your lawyer ready after a divorce so that you and your ex-spouse can keep things fair. That way, you can lessen the complications.