No Fault Divorce Alimony

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Divorce is basically a legal process implemented to dissolute the marriage between two individuals. It is observed that the condition where both the spouses reach to the common agreement without filing any complaints against another partner, then it is the case of no fault divorce for the spouses. Neither of two partners is required to mention the guilt state of the respective partner concerning any wrong deed during their marital life. However, as there is no specific requirement of an attorney's involvement during the process, the spouses need to reach a common agreement on all essential matters related to their marriage and family. The alimony support is one of those crucial issues, which is needed to be resolved prior to the final divorce hearing in the court house.

Alimony is a synonym for spousal support. It means that after a divorce has been granted, one of the divorced partners pays a specific sum of money to the other divorced partner. There are several purposes behind the settlement of alimony amount in a particular divorce case. While deciding this amount, the intention is that the economically weaker divorced partner should be provided with sufficient financial support, so that he or she can easily maintain the standard of living as it was during the marital life.

Types of No Fault Divorce Alimony

Rehabilitative

The divorced partner, who is economically weak, is awarded some amount of money to adapt to the life after divorce. This usually happens when the recipient divorced partner is an employee, however, lacks a robust earning ability.

Temporary

In this case, one of the divorced partners is not earning at all. So, the courts order the economically stronger partner to offer money to the weaker partner till he or she succeeds in earning enough money.

Permanent

It is scheduled that the economically robust divorced partner must offer alimony in one of the following two ways.

• Till the death of the economically weaker partner
• Till the economically weaker partner remarries

Considerations in No Fault Divorce Alimony

• Economical capacity of the payer: Before finalizing the final amount for alimony support, the court judges first look for the capacity of the payer. Whether he or she is capable to pay the fixed amount of alimony amount or not. Therefore, in accordance of the payer's capacity, the final amount is finalized.
• Future prospects of the divorced partners: If there are indications and it is reasonable to believe that one of the divorced partners would possibly get considerable money in the future, then it is expected that such a partner would disburse more amount of alimony.
• Health of the divorced partners: Poor health indicates a need of money. It also implies incapacity to support the own self. As a result, if either of two partners is found with incurable physical or mental illness, then the suffered partner should be provided with sufficient alimony support.
• Current age of the divorced partners: The ground rule is that if the divorced partners are young, they would be able to adapt to their lives more easily. Hence, they would be in need of alimony for a shorter span of time.
• Length of separation prior to divorce: The duration of marriage is one of the most considerate factors during the process of alimony settlement. Therefore, it is highly important to mention the duration of marriage like, if the marriage is sustained for more than ten years then many states grant higher amount of alimony support to the recipient.
• The duration of marital life (if the divorced partners had a considerable span of marital life and during this span, one of the partners was involved in home-making and this has hampered the career of this partner, then logically the spousal support would be more): More the duration of the marriage, longer is the period for which alimony is to be granted. If the marital life has prevailed for more than a decade, then such a divorced partner is possibly a recipient of permanent alimony.

Generalized rules regarding alimony

• The sex of the recipient is crucial. Historically, men earn more money than their wives. Practically, men are not involved in child rearing and hence there is no gap in their employment due to this reason. So, generally, women are more prone to receive alimony.
• As per the statutes of the various states in the United States, it is considered as a right of the divorced partners to continue their standard of living as was present during marital life. The cumulative income of the divorced partners is arranged in such a way that they would be able to reach a lifestyle almost equal to the marital life.

The settlement of divorce alimony is an imperative step involved in the procedures associated with a divorce process. Even in the case of no fault divorce, the alimony amount is decided after the consent of both the parties and after final approval is provided by the court house.

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