The Truth About Alimony & What You Need To Know
In 2014—to the surprise of all of his fans— actor and comedian Robin Williams ended his own life. Immediately following his death, millions of fans and followers across the globe sought an explanation as to why the man, so full of life, brimming with jokes, and brought so much laughter, would fall victim to his own sadness. Rumors began to surface about the various reasons for the actor’s suicide. One of those reasons was the claim that Williams’ had been so distraught over alimony payments he could not take the financial pressure. This was, of course, conjecture but served to spread inaccuracies and bring the topic of alimony to the forefront of the conversation.
If you’re married and seeking a divorce, alimony is a term you will need to know. We thought we’d take a look at some important concepts dealing with this much talked about concept.
Let’s Start From the Beginning
Alimony comes from the Latin word that means “nourishment or sustenance.” The concept has roots all the way to ancient times, but the modern concept of it is derived from English ecclesiastical courts. The idea is to make the divorce fair for both parties, particularly at a time when women were not as commonly integrated into the workforce. The original idea was that a man needed to help support a woman that bore him children, even when he decided to part. Today, the laws can go both ways as women often earn more or equal money. In the 1970s, the United States Supreme Court ruled against gender discrimination in the awarding of alimony.
Alimony refers to spousal support payments that are paid from one spouse to another after the marriage has legally ended. The amount of alimony is often at the discretion of the judge and depends on several factors. The most important factors that are considered are how long you have been married and each spouse’s income. Alimony payments are not generally ordered if both spouses make about the same amount of money. Other factors that are considered include:
- Are there children involved
- The other spouse’s ability to support themselves
- The income of the higher-earning spouse
- Involved property or assets
- Other circumstances in the marriage
The Duration of Payments
It is not set in stone that a former spouse needs to pay alimony payments for the rest of his or her life. The duration of payments depends on a variety of factors and some that may change over time. The courts will set future dates to review the case periodically and update alimony payments if necessary. Alimony payments will also stop if the other spouse remarries, and if your children reach adult age and no longer need a parent in the home.
The judge may also determine that in the time since the divorce whether your spouse has made no significant attempt to become self-sufficient or earn the necessary income to sustain herself or himself without the support.
Alimony in the Public Eye
Out of all of the many high-profile celebrity marriages, we are often subject to watching the bits of debates about alimony payments. Those in the public eye, of course, are often making a lot more money than the average person and it is not uncommon to hear of vast amounts of money being paid out. Many celebrities often decide to pay out cash settlements instead of committing to alimony payments. It is important to note, however, that not every case is the same and the judge is required to look at the specific circumstances of each case before determining alimony payments. And while financial strain may have contributed to Williams’ stress, it is perhaps not wise to reduce his internal strife to money problems or to attempt to explain a tragedy with one factor.
Navigating a Divorce is Difficult on a Variety of Levels
Divorce carries emotional turmoil and financial uncertainty. You want to trust your lawyer and make sure they have your best interest in mind. At the same time, you want someone who understands the laws and will fight for the fairest outcome for you.
The Law Offices of Rios & Parada, PLLC wants to support you in the difficult moments of separation and ensure that you get a fair outcome and can move on with your life as cleanly as possible. Please connect with us today to learn more.