Monday, September 25

Importance of divorce lawyer in Post-Spousal Alimony

Post-marital maintenance, also known as spousal maintenance, begins when the divorce becomes final. Post-marital maintenance is not separation maintenance but an independent maintenance claim. First of all, however, the principle of personal responsibility applies to post-marital maintenance. 

However, only those in a position to pay can be obliged to pay maintenance. The deductible must always be considered, which must not be jeopardized. The person responsible for maintenance must not be worse off economically than the ex-partner entitled to maintenance.

There are various reasons for entitlement to maintenance after marriage, from maintenance entitlements due to childcare to entitlements due to illness or old age.

  1. Child support

The entitlement to child support exists if the divorced ex-partner is not gainfully employed because they care for the child. This entitlement exists at least until the child is three years old. The entitlement can last longer if necessary for the child’s well-being or if there are no other suitable care options, such as a day-care centre. In many cases, only part-time employment is initially possible.

  1. Maintenance due to unemployment

If one partner is unemployed after the divorce, he can demand maintenance from the former spouse if he has not found suitable employment despite making sufficient efforts. The person entitled to maintenance must prove that he has made an effort to find suitable employment.

  1. Top-up maintenance

If the former partner goes to work after the divorce, but the income earned is not sufficient to adequately cover the living expenses of the marriage, they can demand the difference as supplementary maintenance from the ex-partner.

  1. Sick pay

If the divorced spouse cannot support themselves due to illness or other ailments, they may be entitled to sickness support from the ex-spouse. Like old-age maintenance, this entitlement must already have existed at the time of the divorce or linked to a previous maintenance entitlement.

  1. Amount of spousal maintenance

If there is an entitlement to post-marital maintenance after the divorce, the amount of the maintenance is based on the couple’s standard of living during the marriage. The semi-division principle is used in the calculation. The alimony is therefore calculated from the difference in the mutual income of the spouses at the time of the divorce. However, there are exceptions, and a specific needs calculation may be required. Especially with very high incomes, a flat-rate maintenance calculation does not appear to be sufficient.

Compensation of gains in divorce

In a divorce, the increase in assets that arose during the marriage is compensated – the spouses are entitled to compensation for accrued gains. The right to an equalization of gains is a pure monetary claim. The right to equalization of accrued gains must be asserted. If the spouses cannot agree, a court must decide on the gain.

  1. Calculation of gain compensation

The difference between these two assets represents the gain, but it cannot be zero. If one spouse has made a higher gain than the other, compensation occurs here. The spouse is then entitled to half of the gain achieved as a compensation claim.

The key date regulations are important. In the case of initial assets, the exact date of the marriage is decisive. In the case of final assets, the day the application for divorce is served is decisive.

  1. Gains in companies and company holdings

For the equalization of gains, the value of the company or the shares in the company must be determined. The valuation method, which the court in a dispute determines, is of great importance. The earnings value method or the net asset value method is often considered. The point of contention is often the so-called entrepreneur’s salary. This imputed value expresses the value of the entrepreneur’s involvement in the company.

This amount must be deducted from the enterprise value. About the duration of the divorce, it isn’t easy to make general statements because the length of the process depends on individual factors that are different for each spouse. The proceedings can be enormously delayed if a spouse does not cooperate or respond to the family court’s inquiries. The same applies if the spouse’s pension entitlements are incomplete and the pension providers have to clarify these gaps by asking Alabama divorce attorney.