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Does the party filing the divorce receive less alimony?
If I am the one who wants to file the Divorce against my husband, does this limit or have any effect on the amount of Alimony I may potentially receive? I’m just wondering if Alimony payment is higher if my husband Divorces me, rather than me Divorcing him.
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Answers (1)
In general, spousal support (alimony) is not an absolute right for either spouse. If spousal support is granted by the court, the amount and duration of the agreement are specific to the facts of your case, and controlled by laws that vary from state to state. In general, the factors affecting spousal support awards include but are not limited to the duration of the marriage and the length of the pre-divorce separation; the age of the parties at the time of the divorce; the relative income and future financial prospects of each spouse; and “fault” in the marital breakdown.
If you live in a state that applies the “fault” standard, it is possible that a court could reduce your support award if it finds that you at fault for filing the divorce petition after causing the circumstances leading to the irreconcilable breach of the marital relationship. A qualified divorce and/or family law attorney can advise you regarding the spousal support laws of your state and their application to the facts of your case.
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Posted by Jamilla Moore on 25 Jan 2010