Among post-divorce issues, alimony agreements can be some of the most contentious. Family courts in Utah want to ensure that ex-spouses have the means to support themselves after divorce. But parties are often in disagreement about what amounts are appropriate.
Whether you are currently in an alimony dispute or need a Nampa family lawyer to help negotiate an alimony agreement, you can count on the team at Brown Family Law. We can help you navigate your legal situation to ensure a smooth transition and represent your interests.
We have been a reliable legal name in family law for over a decade. Contact our offices today to speak to an Alimony lawyer in Nampa.
Alimony Rules in Idaho
Alimony, also called “spousal support” in Idaho, consists of payments from one spouse to the other during divorce. The point of alimony is to provide for one spouse if they won’t be financially stable without the other spouse’s support.
Alimony is most common in cases when there is a large income disparity between the two parties in a divorce. When one spouse makes substantially more than the other, courts may require them to make payments. These payments are so that the lower-earning spouse can maintain their lifestyle (or close to it) and support themselves.
Alimony was originally conceived at a time when married women were less likely to work and so may have needed additional support after a divorce. Alimony in Idaho is gender-neutral, though, and either side of a divorce can receive spousal support.
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Do I Have to Pay Alimony After Getting Divorced in Nampa?
Alimony is not automatically granted in Idaho, but courts may order payments when one spouse would be less able to support themselves after divorce. Alimony is typically granted under the following conditions:
- There is a substantial earning gap between spouses
- One spouse owns significantly more assets than the other
- A spouse has a medical condition preventing them from working
- One spouse put their career on hold to care for the household
- The lower-earning spouse requires training or education
If any of the above are true regarding your divorce, it’s highly likely the court will issue an order for spousal support.
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Types of Alimony Payments in Nampa
There are three general types of support schemes in Idaho. Each type is meant to address a different need and last for a different amount of time.
Temporary Support
Temporary support consists of temporary payments made during the process of getting divorced. A judge might order temporary alimony during a divorce so that one spouse can continue meeting obligations, like mortgage payments or healthcare costs. Temporary support ends when the divorce is finalized, and the court decrees a new order.
Rehabilitative Support
Rehabilitative support is meant to provide a spouse with income while they receive training or education for employment. The amount of time you receive payments is decided by a judge and determined by how long it would take you to become financially independent.
Rehabilitative support can last anywhere between one and five years. Typically, the spouse receiving payments must provide a plan for their finances.
Permanent Support
In some cases, courts may order permanent support from one spouse to another. This is most often the case when one spouse is unable to work, either due to age or health conditions. Despite the name, permanent support can end if the spouse receiving payments dies or remarries and their financial situation changes.
How Is Alimony Calculated in Nampa?
Unlike some states, Idaho doesn’t have a specific formula for calculating and setting alimony payments. Instead, courts decide each case based on the facts of the case. According to Idaho Code 32-705, courts can consider the following factors when determining alimony amounts:
- Financial resources of the lower-earning spouse
- Time required to receive necessary training and education for employment
- Duration of the marriage
- Age, physical health, and mental condition of the receiving spouse
- Ability of the paying spouse to provide support
- Tax implications for each spouse
- Whether or not either party was at fault for the divorce
An alimony lawyer in Nampa can help mediate negotiations and attend hearings to represent your interests.
Can I Request a Change to Alimony?
Yes, you can request a change to alimony payments, but only under certain circumstances. You can only request a modification after substantial and material changes in your life. Events that may be grounds for modifying an alimony agreement include the following:
- Gaining or losing employment
- Significant changes in employment
- Remarriage
- Health issues impacting one party’s ability to pay
To request a change, you must petition the court and submit a formal motion for modification. The petition must contain the justification for the change and the new, requested payment amounts.
Contact an Alimony Lawyer in Nampa from Brown Family Law
Alimony disagreements can cause high tensions and emotional turmoil, but a family lawyer can help navigate issues with a clear and impartial lens. Our team at Brown Family Law has served thousands of clients and can manage your marital issues in a way that respects your and your family’s privacy and dignity.
Contact our offices today to speak to a Nampa alimony attorney.
