I got divorced, can I ask for alimony?

It is completely normal for one party in a marriage to be more financially dependent on the other, which is why there is concern at the time of divorce about whether there is the possibility of receiving alimony.

It is a very delicate moment of change, after all, an entire life built together now ceases to exist and a new one begins, but each one in their own direction.

Financial issues often hold marriages back, for fear of not being able to cope or being completely dependent on the other person, and it was to help these people that today there is the possibility of one party receiving alimony from the other after a divorce.

When we hear the word alimony, it is common to associate it with child support, but there are other types of alimony, from survivor's alimony to alimony for parents, siblings or ex-spouses. There are websites with lawyers who specialize in expediting divorce online.

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Can anyone ask for spousal support?

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In the case of child support, the only criterion assessed to legitimize this duty is proof of parentage, whereas in the case of spouse support, even if they have already divorced, things work a little differently.

To file a claim for spousal support, it is necessary to demonstrate the need and possibility binomial, in other words, the party requesting support needs to prove that they need it and that their spouse or ex-spouse is able to pay this support.

The Supreme Court of Justice (STJ) has case law that states the need to prove the financial dependence of the party requesting the pension on their spouse.

How is the pension amount determined?

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The answer to this question is: each specific case is different, that is, each request will be analyzed individually, therefore, the amount of alimony to be paid will be determined by the judge in the case.

He will assess the reasonableness and the situation and possibility of the spouse who will pay this pension, as well as the true need of the dependent party.

After all, it is not fair that the paying spouse is obliged to provide an amount that is beyond their reach, or that will harm their financial life, just as it is not fair that a financially independent person receives alimony from their spouse, when they have the means to support themselves and live well.

That is why, first of all, the true situation of both parties is verified, and then the amount to be paid is determined, which varies according to the financial situation of the parties.

What is the term of this pension?

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A very common question is how long alimony payments should be made for, and this is also relative from case to case, as is the amount of this alimony.

Judges usually determine a period of 6 months to 2 years, this time must be used so that the dependent spouse can enter the job market, so as to no longer need to pay alimony.

In cases where the spouse is unable to provide for himself/herself, whether due to age, illness or condition, there is the possibility of this pension being for life, that is, the payment must be made throughout the dependent spouse's life.

Hey? Did you understand how alimony works for divorced people?

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