Photo: Kelly Sikkema
What Are Alimony?
There are two major ways to settle the matter of alimony. First, you may do this upon reaching an agreement with your spouse. Second, you may file the request to a court. The judge will award you the specific alimony amount. Even if the voluntary settlements sound a bit surprising, it is actually possible.
However, they always require mutual understanding and patience from both spouses. That is why it is probably so rare. Most often, people ask a judge to settle this matter with the involvement of professional lawyers. These parties remain impartial on the matter. Thus, they can achieve positive results faster.
The most important point when dealing with alimony is to keep in mind how the judges approach calculating them. You may want to claim a very high amount of money. However, there is no guarantee the judge will satisfy your claims even if the defendant actually possesses this money. It may be even possible that a judge will waive your claims at all. There are many practical nuances. Professional lawyers help to tackle them and maximize the amount of alimony easily.
How Do the Judges Determine the Amount of Alimony?
Below, you may find some secrets that professional lawyers would like to share with you. There are many things taken into account when considering the alimony amount, including these ones:
- The spouse who claims for alimony must demonstrate and confirm the need for such alimony. The separate challenge is to determine the actual amount. In this course, the judges typically take into consideration many factors, such as the length of the marriage, the spouse’s age, the earning capacity of each spouse, the physical capacity of the spouse claiming for alimony, the period during which paying alimony will be needed, the standard of living each spouse had during the marriage, number and the age of children, etc.
- The actions of the other spouse are taken into consideration but never make alimony a punishment. The single exception when compensation is in place is when the actions of one spouse hurt the life and state of the other spouse. The latter needs alimony as a result of such actions.
- Gender is never a determining factor when the alimony matter is on the table. A spouse of any gender may request alimony, yes, even a man. The general rule is applied in this case as in any other one – if one spouse needs help and the other one can provide it, the alimony is awarded to the claiming party.
- Alimonies are typically paid in installments. However, this is not a single option. Alimony actually can be paid as a lump sum and in installments. In the latter case, they most often paid on a monthly basis and during a certain period of time.
- The judge may determine not only the amount in which the alimony should be paid but a way of such payment also. This is especially helpful when spouses have quite strained relationships. For instance, the spouse may pay the alimony to the court clerk’s office. Later, they will be transferred to the spouse who has been awarded them.
- The judge may even withhold the alimony if the spouse delays or refuses to pay them voluntarily. The court typically withholds the alimony installments from the spouse’s salary.
- The amount of alimony may be reconsidered. Life circumstances may change a lot after some time. If these circumstances are substantial and ongoing, a judge may reconsider the alimony amount.
How Lawyers Help to Settle the Matter of Alimony Fast
The practice of professional Oklahoma lawyers confirms – that the alimony matter may be settled more or less straightforwardly and fast. Here is how the attorney reach this result:
- Review your case and provide a preliminary assessment of the alimony amount.
- Help to collect all the necessary documents.
- Carry out negotiations with the other spouse and one’s attorney.
- Draft and sign the agreement if the other party is willing to do so.
- File the documents to the court and represent you before a judge.
- Appeal the initial court decision if it fails to protect your rights and interests properly.
- Settle other matters, including sensitive ones, when direct communication with a former spouse is impossible for some reason.
Bottom Line…
Alimony is among the most challenging matters during any divorce. This is one of the most important factors for a spouse claiming it. However, the amount and period of paying them is typically very sharp for the other spouse.
If you don’t see any opportunity to settle the alimony matter upon mutual agreement, request support from professional lawyers. They know the matter inside and out. Attorneys will help you to determine the realistic amount of alimony that will fulfill your needs.
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2025-03-18 11:35:00
