10 January 2012
There are important items to know and understand before heading off to divorce court. It is suggested to make sure that your lawyer understands your states laws and to ask them questions regarding your award possibilities. Do not let this slip during the trauma that you are going through, for you may regret this later.
Alimony is a type of spousal support and the award depends on several factors:
- Duration of the marriage
- Your age
- Your health
Permanent support can be awarded if a displaced homemaker was never able to achieve a standard of living without the support of her husband. For example, the housewife did not pursue a career or education in order to take care of a home and family. There is also reimbursement alimony, which is given to the homemaker to go to school in preparation for a professional career. Rehabilitative awards can be possible for two to three years to allow the displaced homemaker to acquire job skills to renenter the workforce.
Each state has different laws for awarding spousal support. Some considerations are the duration of the marriage. There is a consideration when ruling for alimony called the "ten-year rule". This is used when assessing a displaced homemaker's chances of receiving some type of spousal support award. This does vary from state to state. Permanent alimony may be awarded after 10 years of marriage and others require 20 years.
Some states have a "standard of living" factor, that requires the court to ensure that a displaced homemaker maintains the same lifestyle to which she/he has become accustomed to during the marriage.
Most states do not consider factors such as adultery or willful abandonment from the marriage. Most courts do not want to hear all the "reasons" for separation and the judges just want to move through the court secession and get on with things.
Some states have a public policy and will award spousal support to prevent a displaced homemaker from become a "ward of the state"
- Make sure that you find a good lawyer who will and can act as your advocate.
- If you do not have any money, then try to talk the lawyer into receiving payment once the case is settled and ask him to ask the payment for the lawyer in the settlement. This way, you will not have a bill by the time you are finished.
- It is important that you clearly tell him/her that you feel that you are not able to reenter the workforce and give yourself plenty of time to reeducate and train in order to do so. Find out what your states laws are and the resources available.
- Again, make sure that your lawyer understands that you need lots of time to get on your feet. Know that you deserve a good start, a decent career and a decent living. Lawyers are busy and handle cases all of the time. Unfortunately, you may get the impression that they do not really care and that they are trying to push you through the door. Keep your head up and look forward, forget your emotions for the moment and put your feet forward.