Alimony is the legal term for money that one divorcing spouse pays to the other in accordance with either a mediated or court-mandated agreement. Sometimes called spousal support or maintenance, it helps the lower-earning partner adjust to a new lifestyle without the financial contributions of the former spouse’s income to the household.
Many couples are not aware that men’s rights in divorce cases protect men from undue harm or insolvency caused by alimony payments.
In addition, men have the right to receive alimony if their financial situation warrants it. Without understanding all of their rights, men may be leaving valuable financial support on the table.
Here is an overview of the many types of legal matters men have the right to pursue during a divorce if they do not believe that they are being treated with equity.
Who Receives Alimony
Perhaps the most common dispute in alimony agreements is who pays alimony and who receives it. Despite the prevailing trend that men are the payers and women are the recipients, men have the right to receive alimony if their financial situation affirms this.
Men must be aware that they should ask for alimony during the divorce process rather than passively waiting to see if it is awarded to them. An attorney experienced in mens’ rights can make a case for alimony according to your rights.
The Marital Standard of Living
One of the factors that goes into determining the correct alimony payment in a divorce is the marital standard of living. This concept describes what sort of lifestyle the now-divorcing partners experienced when living together as a result of their potential joint income or household contributions.
Alimony seeks to provide the lower-earning partner with a similar standard of living to what they are used to. However, one common dispute that families face following divorce is that their alimony does not succeed in compensating for the standard of living they have now lost.
Determining the marital standard of living
When the courts calculate alimony based on living standards, they will be examining needs before wants. Assets such as a car to get to work may be considered a need, while a five-bedroom home for a childless couple is considered a “want”.
This determination is made by the judge, making an attorney an invaluable part of your case. One may view a man’s relaxation behaviors or hobbies as excessive, while another may deem them reasonable.
Men have the right to contest the standard of living assigned to them if they do not believe it accurately represents the lifestyle to which they are accustomed. An attorney experienced in mens’ rights will present your case effectively and strategically.
Alimony as an Undue Burden
In some cases, if a man is instructed to pay alimony, he may face significant financial challenges as a result of this expense. Men have the right to petition the court for modification or termination of alimony if the financial burden of paying is leading to insolvency or dramatic impacts on his life and ability to succeed.
An attorney can help you appeal your alimony arrangement but you must demonstrate the financial burden—such as being unable to reliably pay bills or save for necessary purchases such as home repairs.
An appeal will not trigger a second full court hearing; instead, the judge will fully review any new materials, including potential income increases for the recipient spouse, to determine if alimony is still appropriate.
Justice in Failure to Pay
The payor spouse is responsible for making timely alimony payments for the duration of the court’s mandated arrangement. If they cannot or choose not to do so, the recipient has the right to notify the court of failure to pay.
The judge can approach the situation by issuing a decision requiring the spouse to pay timely. If this does not occur, further options can be pursued.
One possibility is to file a lawsuit seeking the owed funds; another is to work with a legal team to have the spouse’s wages garnished so that alimony is automatically taken from their paychecks.
Garnishment may also occur as part of a lawsuit. These apply equally to men or women; however, fewer men are aware of their overall rights to pursue alimony owed to them.
Defend Your Alimony Rights with a Legal Team
Divorce is rarely simple, and when alimony disputes arise, the situation can become even more complex. However, men must understand that they have numerous rights during this time to assure they are being treated fairly and equitably in regards to alimony.
Whether you are not receiving the alimony you are owed or you believe that your alimony payments are placing an undue burden on your financial situation, you have options.
The attorneys at Milstein Siegel help men to defend their rights throughout the divorce process. Contact Milstein Siegel to schedule a consultation and explore how men’s rights can support your cause during this challenging time.
