Westport, CT Alimony Attorney
Divorce can be hard on everyone involved, and one of the most frequent questions separating spouses ask is if alimony will be a factor in their case. In many instances, the higher-earning spouse is asked to provide financial assistance to the lower-earning one, giving both parties an opportunity to maintain stability during and after the divorce. At Reich & Truax, PLLC, a Westport alimony lawyer can counsel you through every stage of the process.
About Reich & Truax, PLLC
The lawyers at Reich & Truax, PLLC, have practiced complex family law matters in Fairfield County and throughout the state for many years. Our law firm combines the varied strengths of each member with collective experience to creatively solve challenging disputes.
When divorcing spouses have high net worth, complex compensation packages, such as executive stock options or stock purchase plans, or own closely held businesses, we go the extra mile to protect your rights. We understand how personal these issues are to you and can handle your case with care.
Understanding Alimony in Connecticut
Alimony is a payment made by one spouse to the other during or after a divorce. Although many modern marriages feature both spouses working outside the home, there are still financial inequities between some spouses. One spouse may have stayed at home to raise children. Or one spouse may earn much more money than the other. The purpose of alimony is to correct financial inequalities that lead to economic difficulties following divorce.
Connecticut judges have great latitude in awarding alimony. In contrast to child support, there is no mathematical formula. The court evaluates multiple aspects to decide if alimony should be granted and determines the payment amount and duration.
Types of Alimony
There are a few different types of alimony in Connecticut that are used based on what is appropriate for each couple’s specific situation. The three main types of alimony are:
- Temporary alimony. This is given on a temporary basis, as the name implies, while the divorce is in process and not yet finalized. This gives the lower-earning spouse the financial stability they need while the spouses wait for the divorce to be finalized.
- Rehabilitative alimony. This is a short-term type of alimony that is paid to the lower-earning spouse while they gain the education and/or job skills needed to become financially independent.
- Permanent alimony. While this isn’t as common, this is still an option in certain circumstances when one spouse is not able to become self-sufficient, such as through disability or age.
The courts will look at the individual circumstances of each case to decide on what would be most appropriate. These alimony laws are outlined in Conn. Gen. Stat. Ann. § 46b-83 and § 46b-82. In 2021, the national divorce rate was 6.9 per 1,000 women. In Connecticut, this rate was 2.6, with a marriage rate of 6.2.
Determining Eligibility
Because alimony is awarded on a case-by-case basis, with the amount depending on the specific circumstances of each divorce, courts will look at several factors to determine the level of availability. Some of these factors include:
- The length of the marriage
- Each spouse’s overall contributions
- The lower-earning spouse’s contributions to the home and the higher-earning spouse’s career or educational endeavors
- The standard of living before the divorce
- Each spouse’s vocational skills and ability to be self-sufficient
- Any dependents and their needs
- The cause of the divorce
- Each spouse’s health and age
Westport, Connecticut offers both no-fault and fault-based divorce, so adultery and similar behavior can affect alimony. For instance, if one spouse’s actions helped end the marriage, that conduct can impact spousal support.
Why Hire an Alimony Lawyer?
When you hire an alimony lawyer, it can be one of the most beneficial decisions you can make for your financial future post-divorce. Both paying and receiving spouses experience enduring financial repercussions from alimony decisions. The outcome of your legal proceeding in Connecticut largely depends on the legal counsel you choose. It’s important to note that judges are granted significant discretionary power by state law.
A Westport alimony attorney can evaluate your finances to present strong evidence while negotiating fair settlements and advocating for you in court when necessary. By receiving professional guidance, you can secure your rights and prepare for financial and tax outcomes while advancing with assurance and stability.
FAQs About Westport, CT Alimony Laws
In Connecticut, you could be denied alimony if you cannot prove financial need. If the other spouse cannot afford to pay support, a judge may also deny alimony. If you remarry or establish a financially supportive relationship through cohabitation, Connecticut courts have the authority to reject your support request. Additionally, if marital misconduct such as adultery contributed to the divorce, a judge may consider denying or reducing alimony based on fault and fairness.
The 1-3-1-3-1-3 rule is an informal and non-binding rule of thumb that some attorneys and judges use to get an approximate idea of the likely length of an alimony award. The rule says that a court should award one year of alimony for every three years of marriage. For example, if a couple is married for 12 years, the alimony award should be about four years long.
Yes, there are times when it can be worthwhile to fight for alimony. For instance, if there is a significant discrepancy in the spouses’ income levels, the alimony can go a long way towards giving you the stability you need as you make the transition from a two-income household to one where you live on your own.
Connecticut has no guidelines for determining alimony. Some of the factors considered by the court include the income of the parties, their health, the length of the marriage, their ability to work, and the marital standard of living. In cases of high-income divorces, alimony payments can start as modest monthly amounts and accumulate over the years.
Contact Reich & Truax, PLLC
If you are going through a divorce, alimony is a very real part of it that can drastically affect your financial future. An attorney can help you secure a fair future. Contact Reich & Truax, PLLC today to get started.