What is Alimony?
If you’ve separated from your spouse or are seeking a divorce, you will need to learn more about alimony, often referred to as spousal support. Spousal support is an amount of money paid from one spouse may to another spouse. The idea of alimony is to allow the spouse who is more financially secure to provide monetary support to the other spouse to lessen any financial hardship.
Determining whether alimony is necessary, and how much should be paid, is a crucial aspect of a South Korean divorce. If you are seeking alimony, whether or not it’s awarded may have a significant effect on your future financial health. The same can be said if you’re the spouse who has to pay alimony for an extended period of time.
A Lawyer Can help You Get More or Pay Less
Like most issues in a divorce,Korea family law allows people to work out spousal support and alimony arrangements amongst themselves. However, if they cannot agree, they may have the court issue a decision.
Whether you negotiate an amount on your own or have the court do it, the financial impact of the decision can last a long time. Whether you will perceive payments or be required to pay,an alimony attorney can get an alimony settlement that you are comfortable with and that meets everyone’s needs.
This will mean demonstrating your need, capacity to pay, and what illustrating important factors that impact alimony payments. An experienced spousal support lawyer articulate what’s essential to your argument and will fight to ensure that your interests are protected, so you’re able to move forward and rebuild your life after the emotional and financial stress of your divorce.
When Will the Court Award Alimony?
Alimony is not automatically awarded. Instead, a spouse with a significantly lower income who is financially dependent on the other spouse will request that the court grant spousal support.
It’s common to see this type of support after long-term marriages in which one of the spouses stayed home with children or delayed their career for the family. Additionally, when one of the individuals has a disability and is unable to financially support themselves, courts often find alimony to be appropriate.
FACTORS CONSIDERED IN ALIMONY DECISIONS
- The court considers various factors when establishing an alimony award:
- Marital misconduct
- Earnings and earning capacity of each spouse
- The physical, mental, and emotional condition of each spouse
- The amount and sources of income
- Length of the marriage
- Contribution by one spouse to the education, training, or earning power of the other
- The extent to which one spouse’s earning power, expenses, or financial obligations will be affected by child custody
- The standard of living the couple established
- The assets and liabilities of each spouse
- The property each spouse brought to the marriage
- The tax consequences of the alimony award
- Any other relevant economic factors
Korean family law may award the following forms of financial support:
Alimony – This is a form of long-term support that may be paid to one spouse after a divorce is finalized.
Courts in Korea usually have discretion when determining if and how much alimony should be awarded. They take many factors into consideration, including:
- The age and health of all the individuals involved
- The duration it will likely take the payee to become financially self-sufficient
- Any education or training the payee would need to be independent
- The spouse’s standard of living during their marriage
- The duration of the marriage
- The ability of the payer to financially support him or herself
- Infidelity during the marriage
It’s important to note that a court typically will not award alimony in South Korea if the dependent spouse is determined to have been unfaithful, regardless of the dependent spouse’s financial need.
An experienced Korean alimony and spousal support lawyer can explain whether you might be eligible for spousal support, or whether you may have to pay spousal support. Additionally, they can educate you on how the amount of support may be calculated based on the circumstances of your case.
How a LEEBOM law office Lawyer Can Help
If you are financially dependent on your spouse, a Korean alimony and spousal support lawyer can help you determine if you need or should ask for post-separation support alongside the divorce or in a separate case. It’s important to note the parties must still be married when one of them seeks alimony. Alimony and/or post-separation support proceedings can’t begin after the divorce is final.
Attorney Bom Lee can not only help you determine if alimony is likely, she can also help you financially plan for a future that involves paying or receiving support payments. Divorce often has significant financial consequences with or without alimony, and attorney Bom will provide you with personal service and compassionate guidance throughout the process of your divorce.