Divorce or separation is not only the end of a relationship, but frequently besides the request to regulate financial issues. 1 of the most crucial benefits to be claimed is alimony from a erstwhile spouse. erstwhile are they and under what conditions? See what the law says.
Alimony After Divorce – Basic Principles
Alimony from an ex-wife is simply a financial benefit that may be granted in the event of divorce or separation. Depending on the situation and the decision of the court, maintenance may have different reasons for establishing and duration.
1. Alimony in Divorce Without Guilty
If the court decides a divorce without indicating the responsibility of 1 of the parties, each of the spouses may request alimony, it will prove to be in deficiency. poorness means a situation in which a erstwhile spouse is incapable to satisfy his or her basic needs, specified as:
- food,
- apartment,
- health care.
In that case, the maintenance work shall continue. 5 years from the date of divorceunless the court decides to extend it at the request of the rightholder. In addition, the work shall expire if the individual entitled He'll get a fresh wedding.
Important: Aliments are not automatically awarded. To receive them, you must prove to the court that you are in a hard material situation, and the ex-wife has the anticipation of financial support.
2. Divorce alimony with a guilty verdict
When a court finds that only 1 organization (innocent) is liable for the dissolution of a marriage, the another (not guilty) may apply for alimony not only due to deprivation but besides if its financial situation has deteriorated significantly.
In this case alimony may be granted for a longer period, not limited to 5 years. The court shall consider:
- current earnings of both parties,
- the financial capacity of the obliged person,
- the degree of deterioration of the material situation of the entitled person.
When will the court grant alimony from an ex-wife?
In deciding to grant alimony, the court examines the following factors:
Poverty – whether the applicant is incapable to meet the basic needs on his own.
Material deterioration – whether the divorce caused a crucial simplification in the standard of living.
Financial capacity of the another party – whether the erstwhile spouse has real means to pay alimony without undue harm to himself.
When does maintenance expire?
Alimony from a erstwhile spouse does not last forever. The work shall expire in the following situations:
In the case of divorce without a judgement on guilt – after 5 years, unless the court prolongs this period.
In case of divorce with a judgement on guilt – after the death of 1 of the parties, or erstwhile the entitled marry.
Summary
Aliments from the erstwhile spouse may be granted in the case of:
- deficiency (when you are incapable to support yourself),
- a crucial deterioration in the material situation (especially erstwhile divorcing a guilty verdict).
The court shall always examine the case individually, taking into account the needs of the rightholder and the financial possibilities of the another party. If you are not certain whether you have kid support in your case, it is worth consulting a lawyer.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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Alimony from your ex-wife – erstwhile can you apply for it?
