Alimony Property Process:
Like the process of divorce, creating alimony arrangements take place in a family court. A separation agreement is usually drawn up before the couple is legally divorced, as they begin to go through divorce proceedings.
Types of Alimony:
There are several different types of alimony payments. The most common types of alimony is rehabilitative alimony. Permanent alimony used to be the most common type awarded in divorces. Now it is the least common. Permanent payments are meant to last forever. If the spouse who pays alimony dies, it is up to their estate to keep paying it or they could be held in contempt of court. Permanent alimony is usually granted to individuals who gave up a career to raise the family and were married for along time. A spouse in this condition usually has little to no work experience and a limited education. Their age and health might also affect their ability to receive permanent alimony payments. Younger spouses are not likely to receive permanent alimony because most younger people can work in the future. Permanent alimony is looked down on by many people, who think that a person should not be financially responsible to their ex-spouse forever. Varying Factors:
Alimony Failures and Reform:
There are many problems people have with the idea of alimony, especially permanent alimony. One main problem that anti-alimony activists have with the idea of alimony is the fact that it contradicts the idea of a divorce. While a marriage is a legal joining of two individuals, a divorce is supposed to undo that bond. If someone is paying their ex-spouse permanent alimony, then they are never really separated from them.
One spouse is still responsible for taking care of the other, even though they are not legally married anymore. Other objections to alimony involve the laws that surround it. Most laws regarding alimony are vague and they change state to state. Since there are no clear cut laws that exist for every case, it is up to the discretion of the family court to decide the outcome of an alimony case. It is impossible to know if an individual will be entitled to alimony for sure or not, although one can get a very good idea of it by looking at the general alimony guidelines. Even an experienced family lawyer will not tell someone if they will absolutely be entitled to alimony payments.
Anti-alimony organizations are fighting to stop permanent alimony payments everywhere. They argue that permanent alimony hurts the paying spouse and the recipient, since the recipient will not have any motivating factors for getting a job or education. If the spouse who pays alimony remarries, the courts can take the new spouses income and assets in account when determining alimony payments for the ex-spouse.
An ex-spouse can ask for an alimony increase when the paying spouse remarries. Also, if something happens to the spouse paying alimony, their new spouse may be responsible for paying it by themselves, or they can be held in contempt of court. The fight for alimony reform is particularly important to people in Massachusetts. The alimony laws in Massachusetts are unlike any other state laws regarding alimony in America.