How does a judge decide alimony?

If the wife is not earning, the court will consider her age, educational qualification and ability to earn to decide the amount of alimony. If the husband is disabled and is unable to earn and the wife is earning, then the court grants alimony to the husband.

What percentage of divorce cases go to trial?

Most divorce cases are settled out of court. About five percent of divorce cases do go to trial. The divorce proceedings may take anywhere from less than one year to a few years, depending on the location of the divorce.

Is it hard to represent yourself in divorce court?

The Dangers of Representing Yourself in Divorce Court First off, the biggest risk in representing yourself without the help of an attorney is that you might lose your case. This can happen if: You are unable to meet all the technical requirements needed to prove your case.

Why do judges favor settlements?

‘ The American judicial system favors such settlements as a means of resolving disputes between parties. offended party will not receive his full claim.

Can a surviving alimony agreement be modified at a later date?

A recent Massachusetts Appeals Court case highlights the difference between merging and surviving alimony clauses, with a specific focus on the exceedingly narrow circumstances in which a surviving alimony agreement can be modified at a later date. Agreements vs. Judgments in a Divorce Case: What Can be Modified?

Can a court order permanent alimony in a long-term marriage?

The following is a fairly typical example of a case in which a court might have ordered permanent alimony under the law predating September of 2014. The case involves an 18-year marriage, which most courts would have considered “long-term,” particularly since one spouse was a stay-at-home parent throughout most of the marriage.

How is alimony determined after a divorce trial?

If alimony is determined by a judge following a trial, the resulting order automatically merges, and is subject to modification. This is because survival is strictly a creature of contract law. A judgment entered after trial is not a contract.

What is a non-modifiable alimony provision?

It is important to note that a surviving (i.e. non-modifiable) alimony provision can only be accomplished through a written agreement of the parties. If alimony is determined by a judge following a trial, the resulting order automatically merges, and is subject to modification.