There are a number of states that do not enforce alimony. In this article, we’ll discuss Florida, New Mexico, Rhode Island, and Virginia. Each state has its own unique legal system. But before we go into specifics, let’s quickly cover some of the common factors that affect alimony.
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Florida
If you haven’t heard of alimony in Florida, you’re not alone. The state’s courts have never been quick to enforce it. Some former spouses have even resorted to quitting their jobs to avoid having to pay their former spouse. The good news for recipients is that Florida courts have a legal recourse if their former spouse refuses to pay. If your former spouse is delinquent on alimony payments, the courts have the discretion to issue a writ of execution and sell their personal property. The proceeds of the sale are used to pay the alimony arrears.
In Florida, there are two types of alimony: durational alimony and bridge the gap alimony. Durational alimony is paid to a recipient for a certain period of time, usually from seven to 17 years. In contrast, short-term alimony is only valid during the first two years of a marriage.
New Mexico
Spousal support in New Mexico is based on a case-by-case basis, and it is not automatically awarded during a divorce. The parties must ask for it and prove that it is necessary. The amount of money that can be awarded is based on a spouse’s ability to pay. Changes in income, such as a reduced work schedule or disability, can affect the ability to pay spousal support.
In New Mexico, judges tend to be reluctant to add spousal support cases to their dockets, but they can be particularly complicated. This is especially true if the separation was not amicable or one party is bitter about the split. In this case, a simple request for spousal support modification may quickly turn into a shouting match.
In New Mexico, alimony payments are calculated based on the standard of living of the receiving spouse. The paying spouse is not required to prove a high standard of living for the recipient, but it is still possible to receive support if he or she has a higher income than the recipient spouse.
Rhode Island
While divorce can be an attractive option for conflicted couples, the disadvantages of living on one income after a separation are often equally overwhelming. One of those challenges is paying spousal support. While the amount of support is determined on a case-by-case basis, knowing how the process works in Rhode Island can help reduce your stress and worries about the future.
Alimony in Rhode Island is awarded according to several factors, including the length of the marriage, the health of the parties, and the standard of living maintained by each party during the marriage. Moreover, the court will also take into account the parties’ education, employment, and other sources of income.
In divorce proceedings, the court will consider the extent of each party’s contribution to the welfare of the children. Unlike in many states, Rhode Island does not enforce alimony. However, Rhode Island courts have adopted the Income Shares method, which looks at both spouses’ combined incomes. Based on this information, the court makes adjustments to account for childcare and basic living expenses.
Virginia
Virginia does not enforce alimony, but you may still be eligible for it if you’ve divorced. Depending on your circumstances, alimony can be ordered by the court or awarded to one spouse. The amount you receive will be based on your income, non-marital assets, and inheritances. However, this is not always the case, as the court will take into account other factors. The length of the marriage, the number of children, and other factors can determine if you’re entitled to alimony.
Spousal support is typically paid monthly, but it may also come in the form of a lump sum. The duration of the support is also subject to modification. In Virginia, the courts view reaching full retirement age as a “material change” in the recipient’s circumstances. In some cases, cohabitation with the opposite sex may also be grounds for termination of spousal support.
Virginia courts also have the power to order the receiving spouse to keep a life insurance policy for the paying spouse. A judge will usually require that the alimony recipient be named on the policy. Most mediation clients don’t rely on this statutory language to modify alimony.
