Divorces generally have a bad picture since you imagine lots of lawyers and exchanging of unpleasant words. However, beyond that there is the legal aspect and the need to come to an agreement about the lives of two individuals.
There is a lot that is considered during the divorce process and that is why everything needs to be put on the table. Alimony is a particularly sensitive subject and it almost always comes up during divorce proceedings. The couple has to decide whether there will be alimony paid and how much it is going to be.
The amount that is agreed upon when deciding on alimony depends on a number of factors.it is difficult to understand all of the different aspects but that is why it is essential to have an attorney. He will take you through everything that is important and advice you on what you can do in your position.
What Are The Alimony Laws in Idaho?
Alimony is typically referred to as maintenance and it is payment made to one spouse to the other after divorcing. The purpose of alimony is to allow the disadvantaged spouse to live in a standard that is as close as possible to that that he or she enjoyed in marriage. It is also meant to bring about a sense of balance so that not one spouse gets all the money and the other is left with nothing.
The spouse who is not in a position to support himself is free to request the court to grant alimony. It can be done while the Nampa, ID divorce is pending but this is just temporary alimony. The court will check whether the obligee (one who asked for alimony) really needs it. They will also check whether the obligor (one who is to pay) can afford to pay the alimony.
How much alimony you receive depends on a number of factors such as your ability to support yourself after some time. Hence age is a big consideration. The Nampa, ID judge will also consider the ability of the other spouse to support you and so the amount awarded is one that they can pay. Therefore, it is not possible to ask for an amount that your spouse cannot support.
Does Adultery Affect Alimony in Idaho According to Nampa Divorce Lawyer?
In this day, divorce law follows a no fault system. That means that there is no guilty or innocent party hence the person filing for divorce only has to prove that the marriage can no longer work. However, the old system provided a fault system where there were guilty and innocent parties.
In Nampa, ID the system is more of a blend between the two depending on the particular case. Some can be fault while others can be no fault systems. Due to this system, you can file for divorce on grounds of adultery in which the court will apply the fault rule.
If your spouse committed adultery which is defined as engaging in sex with another person other than your spouse, you can get a divorce. If you are also able to provide sufficient evidence of the accusations, things such as alimony are affected by it.
One of the main reasons for alimony is to allow fairness in both parties. Hence, to be fair the judge may consider evidences provided to prove adultery in setting the amount. That may affect the alimony granted in two ways:
- He may choose to decrease the amount given to the adulterer so as to compensate the innocent spouse.
- He may also choose to increase the alimony paid to the innocent spouse if he or she was cheated on.
However, allocation has to be fair so the Nampa, ID judge has the responsibility to look at more than just adultery. He has to keenly look at all other aspects before making the final decision. If you are unsatisfied by the decision made concerning alimony during a divorce, you should express that to your lawyer. He can best advice on the steps to take so that you can get a more satisfactory ruling.
Call Divorce Attorney Nampa for a Free Consultation
There is a lot that goes into determining the fairest ruling concerning alimony. Some of the factors are not easy to understand that is why having an experienced Nampa, ID attorney is an asset. He will explain everything you need to know and help you come up with the best way of approaching the issue. At Idaho Divorce Center we understand that this is a trying time and you need the best. That is why we offer our services with the promise of ensuring your needs are met.