Alimony, or the more common term spousal support, is money that is paid by one spouse for the benefit of the other spouse in a dissolution of marriage. The purpose of alimony is to provide financial assistance to the lower-earning or non-earning spouse while they take the necessary steps to become self-supporting following a divorce. In cases where the supported spouse cannot become financially independent because of advanced age or disability, a judge may order alimony for an extended period of time. An award of spousal support can be temporary, permanent (rare circumstances), paid monthly, or paid in a lump sum payment (rare circumstances).
If you are seeking a fair spousal support award, Hathaway Law Group, P.C. L.L.O. can help. Our Omaha alimony attorneys have extensive experience handling spousal support cases and can help you fight for the outcome you deserve.
Spousal support is dependent upon the facts of a marriage and awarded on a case by case basis. Either spouse, regardless of gender, can request alimony during a dissolution of marriage. To obtain an alimony award, the requesting spouse must prove to the court that they have a need for financial support and that the other party has the ability to make spousal support payments. If the court rules that alimony is appropriate in a particular case, it will consider several factors to determine the amount and duration of the payments.
A few factors taken into consideration when determining alimony include:
Unlike when determining child support in Nebraska, there is no specific formula for calculating spousal support. Rather, judges seek a fair resolution that ensures the receiving spouse has the support they need until they become self-supporting.
In some situations, alimony is modifiable if the conditions warrant and such actions are not prohibited by agreement or law. If the couple made a written agreement stating that they will not modify alimony later, then modification may not be permitted to alter the terms of the spousal support. If there is no such agreement and the court does not deny a review, either spouse can ask the court to modify the amount or duration of alimony payments. The requesting spouse must demonstrate a good cause for a modification – this typically means that one or both parties have experienced a substantial change in circumstances, such as the loss of a job or a significant promotion that may be relatable to the marriage.
Whether you are seeking alimony or being asked to pay alimony, Hathaway Law Group, P.C. L.L.O. can assist you in obtaining a fair resolution. Join us for a free consultation to discuss the right path forward for your specific situation.
Our Omaha alimony lawyers remain accessible to you throughout the entirety of your case. Call (402) 629-6633 today to discuss your rights and options.