Hot Springs Alimony Lawyer Advocates for You
Arkansas attorney creates fair plans for spousal support
Alimony is financial assistance that one spouse provides to the other during or following a divorce. In Arkansas, a party requesting spousal support must explain why it is necessary and why the requested amount is proper. If you are going through a divorce, or are contending with a post-divorce alimony issue, it’s important to have reliable legal presentation. For 150 years, Schnipper, Britton & Stobaugh has represented clients in alimony disputes. Our Hot Springs alimony lawyers can provide the trustworthy guidance and determined representation you need to achieve a fair outcome.
Types of alimony in Arkansas
Arkansas law provides for these types of alimony:
- Temporary — This short-term support (also known as separate maintenance) can be awarded while a divorce is ongoing to help the recipient spouse keep up with living expenses. Temporary alimony ceases once the divorce is finalized.
- Rehabilitative — This type of alimony is designed to support a spouse while he or she is pursuing the education, training, or work experience necessary to become self-supporting. Courts award rehabilitative alimony for a specific period, after which the recipient is expected to be self-sufficient.
- Reimbursement — If one spouse has labored to support the other’s education and career advancement, the court can order repayment by the spouse who benefited.
- Permanent — Courts today award long-term support only if a spouse cannot become self-supporting due to factors like age, illness or disability. Sometimes rehabilitative alimony is awarded for a set period, followed by a lower amount of permanent alimony.
A Hot Springs divorce lawyer can explain how the laws concerning alimony might apply in your case.
Factors that determine amounts and duration of alimony
An Arkansas court considers several statutory factors when determining whether to award alimony, as well as how much and for how long. These factors include:
- Length of the marriage — Longer marriages are more likely to result in an award of alimony, particularly if one spouse is significantly financially dependent on the other.
- Financial and non-financial contributions — Courts consider financial support and contributions to the household, such as child-rearing.
- Standard of living during the marriage — The court seeks to ensure that the recipient spouse can maintain a similar standard of living post-divorce.
- Earning capacity of both spouses — The court assesses both spouses’ financial situations, including their ability to support themselves, and any disparities in income or earning potential.
- Health and age — If the recipient spouse is older, ill or unable to work, this may influence the court’s decision to award permanent alimony.
The court can consider any other facts that are pertinent to the dispute.
How courts calculate alimony in Arkansas
Unlike child support, there is no fixed formula in Arkansas for calculating alimony. Each decision is based on the facts and circumstances of the case. The amount of alimony awarded can vary widely depending on the financial situation of both parties.
Modifying or terminating alimony
If a significant change in either spouse’s financial situation occurs, such as a job loss or disability, the court may alter the alimony award. Permanent alimony can terminate if either spouse dies, or the recipient spouse remarries or enters an intimate, cohabitating relationship with a new partner. In the latter instance, termination of alimony is discretionary with the court. To modify alimony, a family lawyer can file a motion with the court, citing a substantial change in circumstances.
Enforcing alimony orders
If a spouse fails to comply with an alimony order in Arkansas, the spouse seeking payment has enforcement options. The court may order wage garnishment, property liens, suspension of driver’s license or other methods to ensure payments are made. In extreme cases, failure to pay alimony can put the obligor in contempt of court, leading to fines or imprisonment.
Contact our Hot Springs divorce lawyers for alimony dispute representation
Schnipper, Britton & Stobaugh in Hot Springs represents clients in divorce and post-divorce litigation, including alimony disputes, throughout Arkansas. To schedule an appointment, call us at 501-762-0887 or contact our office online.