Legal Counsel To Address Spousal Support Considerations
Divorce is an emotional process for all involved. There are so many factors to address that many families begin to feel overwhelmed with the process. One crucial aspect of divorce that is often contentious among the parties involved is support to a spouse, also known as alimony. At Carr Law Firm P.L.C., our attorneys possess an intimate knowledge of Iowa’s divorce and alimony laws. We are here to help you navigate the entire process and secure an outcome that works for you.
Our lawyers have more than 40 years of combined experience fighting for positive results for our clients. We are well-respected across the state for our work both in and out of the courtroom in trials and negotiations.
Key Factors In Alimony Determination
In determining alimony, a court will conduct a two-part analysis. Firstly, they will examine if there is a requirement for alimony in the case. If so, can the other party realistically pay the support required? Overall, spousal support, like support for a child, is a complex legal issue and frequently causes courts to examine a wide range of factors, including:
- How long you were married
- Each person’s assets after the division of property occurs
- Any existing prenuptial agreements
- The education, experience and job skills of a spouse seeking support
A court may also decide to factor in additional items such as the overall health and well-being of each party, their age and more.
Categories Of Spousal Support In Iowa
In Iowa, there are three primary categories of spousal support that an individual can seek:
- Temporary rehabilitation alimony: Pursued in medium-length marriages (five-seven years) and is designed to help one party regain their earning potential
- Long-term alimony: Occurs most often in long-duration marriages where one individual cannot reasonably support themselves without significant assistance from a spouse
- Reimbursement: Requested if one party worked to put a spouse through school or professional training such as a doctor or lawyer
Answers To Common Spousal Support Questions
As you can see, spousal support matters in Iowa can be complicated. Whether you are seeking support, paying support or trying to enforce a court order, understanding your rights and responsibilities is crucial. Below, we address some of the most common questions about spousal support.
What should I do if my ex-spouse is not paying court-ordered spousal support?
If your ex-spouse fails to comply with a court-ordered spousal support agreement, you have legal options to enforce the order. You can file a motion for contempt in court, which may result in penalties for your ex-spouse, such as wage garnishment, fines or even jail time in especially egregious cases.
Additionally, the court may require your ex-spouse to pay any overdue support along with your legal fees. Consulting with our experienced family law attorneys can help you navigate this process, gather necessary evidence and ensure your rights are protected.
Can I get spousal support if I never formally married?
In Iowa, spousal support is generally limited to individuals who were legally married. If you were never formally wed, you might not qualify for spousal support. However, there may be other legal remedies available, such as claims for financial support through cohabitation agreements or equitable remedies in certain circumstances.
For example, if you contributed significantly to your partner’s financial success or shared property, you might have grounds for a legal claim. A seasoned attorney can help you explore your specific options and determine the best course of action for getting the support you need.
Can men receive spousal support, or is it only for women?
Yes, men can receive spousal support in Iowa, as it is not determined by gender. Instead, courts examine an array of factors such as the length of the marriage, the income disparity between spouses and the financial needs of the requesting party.
Family courts aim to reach fair decisions and may award spousal support to either party based on the specific circumstances of the case. For instance, if a husband was the primary caregiver or has significantly lower earning potential, he may be eligible for spousal support. The goal is to provide equitable financial assistance to the spouse in need.
Speak To A Lawyer Today To Discuss Your Legal Options
Our firm has the experience and dedication clients seek when they want to examine the full range of legal options at their disposal concerning alimony. If you are facing divorce, please reach out to our firm today and speak to an attorney. Clients across the state trust our respected firm to represent them to fight for optimal outcomes. Set up your free initial consultation with us today by calling 515-259-1389, or send us an email. We are conveniently located in downtown Des Moines in the Plaza Building.