Divorce is a challenging and emotional time. Once you’re through it, you’re trying to piece your life back together. Part of the help you’ll get to do that is alimony.

Alimony is provided to you from your former spouse to help you get back on your feet. That doesn’t mean alimony will last forever, though, so you should plan accordingly. The alimony won’t stop until the court says so.

How Alimony Is Determined

Alimony is based on several factors, such as:

• How long the marriage lasted
• Your former spouse’s ability to provide alimony
• Your need for alimony
• The earning potential of both of you

During your divorce proceedings, the court will review your financial information and make a determination about alimony. In the final divorce order, the court will explain the alimony required, who is paying it, and for how long. If your former spouse has stopped paying alimony for any reason, you need the services of a trusted family law attorney to help what is owed to you. 

Your Former Spouse Has Stopped Paying Alimony

When your former spouse stops paying alimony, you may not know the reason why. Maybe they lost their job. Maybe they simply don’t want to pay anymore. Only one of these is a good reason to temporarily stop paying alimony. 

If you’ve had contact with your former spouse and they’ve told you they are filing bankruptcy and that’s why they’ve stopped the alimony payments, you need to contact your lawyer right away. 

Bankruptcy is an Option for Some Debts — Not Alimony

While bankruptcy is an option for some debts, the bankruptcy code does not allow for alimony to be discharged in filing for bankruptcy. In 2005, Congress amended the bankruptcy code and declared that any alimony or support obligations are not dischargeable in bankruptcy.

Some debts are dischargeable through bankruptcy, such as:

• Mortgage
• Car payments
• Credit card debt

Alimony must be paid until the court says it no longer needs to be paid. If your former spouse is filing bankruptcy, that does not eliminate their obligation to pay alimony.

File a Petition to Enforce

While filing bankruptcy may show that your former spouse has a reduced income, that doesn’t mean alimony will stop. You must let the court know what is happening and allow them the opportunity to take action on your behalf.

Even if the court finds your former spouse has a reduced ability to pay alimony and reduces the payment amount, the court can still enforce the back alimony they still owe you. The court can also garnish your former spouse’s wages to make sure they don’t miss a payment in the future and you get the alimony to which you’re entitled.

Contact an Attorney for Help

Filing a petition to enforce alimony is a complex legal procedure that requires the keen eye of a skilled family law attorney. A good lawyer will have the experience to make sure you get the alimony you need. You must act fast. Contact a lawyer, like a divorce lawyer from Pioletti Pioletti & Nichols, to get started today. 

The path to divorce starts with filing a petition. Within this document, you must give the court the reason why you are requesting the legal action. In most states, you have a few ways you can move forward with the assistance of a divorce lawyer, like from the Law Office of Daniel Wright. It comes down to deciding whether you want to assign blame to the other spouse or not.

No-Fault Route

Some states that give people options. When it comes to the reason for your divorce, you may choose not to assign any blame. The no-fault grounds means that you admit that your marriage is broken and unable to be fixed. Going this route means you are neither taking nor assigning blame for the decline of the marriage. This may work for you if your spouse has been institutionalized for a mental disorder for at least 18 months. The stay at the care facility must be expected to last another 18 months at the time you file for divorce. If you are fortunate, perhaps you and your spouse agree to the divorce. This mutual consent means you will be restored to single status much sooner and that you are going the no-fault route.

Fault-Based Grounds for Divorce

In some instances, you may find it wise to assign blame to your spouse for the breakdown of your relationship. If you wish to do this, you must cite one of the following reasons for the broken marriage.

Adultery – Your spouse engaged in a relationship with someone else.

Bigamy – You found that your spouse was married to more than one person.

Incarceration – Your spouse is in jail for at least two years.

Abandonment – Your spouse disappeared for two years.

Cruelty – Your spouse has physically or emotionally put your life at risk.

There are some possible reasons why you would want to choose a fault-based divorce. You may have a prenuptial agreement that cites one of these as a reason for nullifying it or enhancing it. Some prenups have morality clauses, meaning if one spouse cheats, the other gets more.

The Judge’s Ruling

At the onset of divorce court, you may have to explain why you are choosing to assign fault. You cannot just cite one of these reasons and then never furnish proof of it. On the contrary, some judges may want to see the evidence before allowing you to continue along.

There may be strategic advantages to moving forward with an at-fault divorce. A family lawyer can better explain why this may or may not work for you.