There are different legal proceedings following a divorce. These proceedings may include equitable property division and awarding of alimony.
If you petition for financial support after the division of assets, the court will decide whether an alimony award is appropriate. For the court to grant your petition, you must prove a need for alimony, and your spouse should have the financial capability to pay for it.
Determining the types of alimony
The common types of alimony are rehabilitative, bridge-the-gap and durational. The points below explain how they differ.
- Rehabilitative: A court awards this alimony to help a petitioner fund their efforts to redevelop previous skills or credentials. They can also use the money to acquire education, complete training or gain work experience. In these cases, the awarding does not exceed five years.
- Bridge-the-gap: A judge grants this alimony to help petitioners transition from being married to becoming single again. The court will award it for two years to help you address your legitimate short-term needs after the divorce.
- Durational: Meanwhile, durational alimony is designed to provide financial support to a spouse who needs economic assistance for a set period. The court only awards this to those who were married for over three years.
A judge considers different factors to determine the type and amount of alimony you may receive. These factors include the involved parties’ standard of living, the length of marriage and the earning capacity of those involved.
Know your rights after a divorce
After the divorce, you have the right to get information about your spouse’s income and assets. You may use different discovery procedures, including the exchange of documents and written and oral inquiries, to determine the other party’s income.