How Long Does A Person Get Alimony (And Why)?

Exact Answer: Half The Age Of Marriage

Before understanding the facets of alimony duration, it is essential to understand the whole concept of this allowance. Mostly, wives ask for alimony after the divorce takes place legally. The final procedure depends upon the regional laws. Based on the jurisdiction of courts, the methods applied to vary a lot.

A slight change in family laws can have a considerable impact on the stuck cases. In such a scenario, both parties must rely only on written promises. The agreement must be properly documented for future references. Basically, the percentage determines the duration.

How Long Does A Person Get Alimony?

First things first – alimony is not determined by the conditions of child care costs. In case the marriage just occurred within a year or two, no amount will be designated to the husband or the wife. To claim a lump sum amount, it must be proved to the court that the marriage is old enough to make the well-off party liable.

There have been instances when the couple decides to let go of the complete amount for no valid reason. The duration is determined solely by the type of alimony requested. As per American law, the two broad categories include permanent alimony and rehabilitative alimony.

These two categories are based on mutual agreement and the terms of the divorce agreement. When the separation is based on health issues like leprosy and other long-lasting conditions, alimony is permanent in most cases. As the issues have no permanent solution, the payer needs to maintain his or her partner throughout their life.

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Such a case arises only if the receiver has no guardian or reliable source of income. As far as rehabilitative alimony is concerned, it is calculated as per a specially designed formula. It divides the marriage length by two and then the amount is divided on an annual or monthly basis (alimony duration five years for a ten-year-long marriage).

The fluctuations in the gross salary of the payer and payee have a direct influence on the duration. Some couples have even opted for custody in exchange for alimony.

In summary:

Type of AlimonyDuration
RehabilitativeHalf the age of marriage
PermanentLifetime

Why Does A Person Get Alimony For So Long?

The duration varies due to a number of reasons. To begin with, it can revert back to zero in case the other person remarries or calls off the amount in one go. The duration is also affected by the health and education status of kids. In case there is a life-threatening disease, the alimony payer needs to continue providing the funds and other necessities till the condition subsides.

In normal cases, if there is no comorbidity on side of the receiving party, alimony will be transferred for a duration curated by the attorneys. Irrespective of the laws, due consideration needs to be given to the societal setup.

These days, even men are eligible to claim alimony from their wives in case they have financial issues which make them incapable of maintaining themselves in the normal way. The logic behind these new introductions is gender equality, among other things.

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Though it is an important factor, there is no bias on the gender level as far as the number of years is concerned. The different types of alimony are categorized on the basis of purpose instead of duration. This makes the determination of time period highly subjective for both parties.

There are ample resources available these days, and online calculators are equally reliable. Certain overhead factors include health issues, share in the property, age and number of kids, etc. The list is endless as no two family complications are alike in this respect.

Conclusion

After divorce, the cooling period is mostly utilized in deciding the amount and duration of payment. Alimony is considered to be one of the most important after-effects of mutual separation. Whatever be the reasons for such a harsh step, one must make it a point to do careful research about the existing laws.

In addition to this, the duration must be fixed keeping in mind the past as well as future needs of both individuals. Attorneys play an important role in determining the routine and mode of payment. One must be reasonable as well as alimony is a right, not an undue advantage.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/calr77&section=10
  2. https://www.jstor.org/stable/25740450
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