There are many different topics that can arise as part of a divorce, but one of the bigger topics of discussion, and sometimes the most stressful, is alimony. Alimony serves as a means to help a party meet their reasonable needs when their income and the assets awarded in equitable distribution are insufficient to meet those reasonable needs.
When a spouse thinks of alimony, they may automatically picture themselves in court to settle the topic, but this does not have to be the case. Mediation can be a helpful process to consider, instead. Mediation allows a divorcing couple to collaborate on a solution to divorce, support, property division, and custody issues outside of court, without relying on a judge to make these decisions. A personal and caring mediation environment may lead to a more harmonious resolution to domestic relations issues.
Interested in how mediation can help to determine an alimony agreement? Here are some additional details:
- There are 17 factors in the Divorce Code that are taken into consideration when deciding alimony. These factors include, but are not limited to, the party’s relative earnings and earning capacities, the reasonable needs of the payee, the payor’s ability to pay, the assets received by the payee as part of equitable distribution, and the standard of living enjoyed by the parties during the marriage.
- During mediation, the attorney-mediator will be able to explain the rationale behind each of the 17 factors in the Divorce Code, in addition to the ins and outs of how alimony works, so that the couple can use this knowledge when coming up with an agreement that makes sense. This knowledge is also helpful as it can give the couple an idea of how the court would view their case.
- The mediator/experienced attorney can guide the couple on what provisions should or should not be included in the alimony agreement as well as whether alimony could be subject to modification in the future and what events warrant modification. Depending on the facts facing the parties, the experienced mediator/attorney can draft the proper provisions to address future changes in circumstances, placing the parties at ease with the ever-changing future.
- Once the terms of alimony are agreed upon by both spouses, those terms are then included in the settlement agreement and become enforceable.
RELATED: Read these 4 alimony questions and answers.
Alimony can be a topic of worry for many going through a divorce, but you can rely on our lawyers’ knowledge and reputation to secure the resolution of your divorce-related issues, including alimony, while using the best process for your situation. Our lawyers have the experience to advise you on which course will resolve your divorce in the best manner possible, always in accord with the outcomes most important to you.
For information about what our experienced attorneys at Wilder Mahood McKinley & Oglesby can do to help you in your divorce, contact our attorneys who are well-versed in all family law matters. We welcome you to set up a consultation however it is most convenient for you—via telephone, video, or in person.
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