West Des Moines Spousal Support Lawyers
Handling Alimony & Spousal Support Matters
At The Law Offices of Mark R. Hinshaw, we help clients leave their marriages in the most financially secure manner possible. Our West Des Moines divorce lawyers represent both individuals seeking spousal support and those who wish to limit their spousal support obligations. Located in Iowa, clients throughout the state turn to our law office for strong, effective representation during spousal support disputes.
We Can Fight For Your Financial Interests
At The Law Offices of Mark R. Hinshaw, our attorneys are always prepared for a fight. While we use every legal tool available - including negotiation and mediation - to resolve clients' spousal disputes out of court, our Des Moines divorce lawyers are always ready to go to court to protect our clients' financial interests.
Reach out to our West Des Moines spousal support attorneys today for an appointment to discuss your divorce matter further. Call us at (515) 200-7571
What Is Spousal Support?
Spousal support, also referred to as alimony, is financial assistance one spouse may be required to pay to the other after a divorce. The purpose of spousal support is to prevent one spouse from suffering undue financial hardship as a result of the divorce, particularly if they were financially dependent on the other spouse during the marriage.
Spousal support is not automatically awarded in Iowa and must be decided as part of the divorce proceedings. The amount and duration of support depend on a range of factors.
What Qualifies a Spouse for Alimony in Iowa?
When one spouse earns substantially more than the other, courts will award spousal maintenance, or alimony, as a rehabilitative tool to provide support to the lower-earning spouse while he or she gets the necessary education or training to obtain a job and become self-sufficient.
In Iowa, spousal maintenance is typically awarded on a limited basis. However, when the marriage was extremely long and marital assets are great, permanent support may be awarded.
What are the Factors Affecting Spousal Support in Iowa?
When determining whether to award alimony and setting the amount and duration of payments, courts look at a variety of factors, including:
- The length of the marriage
- The age and health of the spouses
- Each spouse's education, work history and earning capacity
- The income and financial assets available to each spouse
- The marital standard of living
- The child-rearing duties of each party
- Prenuptial agreements
- Whether one spouse forwent a career to care for children and manage the home
- Property division determinations
How Long is Spousal Support in Iowa?
In Iowa, the duration of spousal support can vary based on the circumstances of the marriage and the divorce. There is no set time frame, and the length of spousal support depends on several factors, including the length of the marriage, the financial needs of the recipient, and the paying spouse’s ability to support both themselves and the other party.
- Short-Term Marriages: For marriages of shorter duration (typically marriages lasting less than 10 years), spousal support may be awarded for a limited time, typically from a few months to a few years, to help the receiving spouse become financially self-sufficient. This is more common in cases where the recipient spouse may need time to re-enter the workforce or develop additional skills.
- Long-Term Marriages: In long-term marriages (often those lasting 10 years or more), spousal support may be awarded for a more extended period, potentially indefinitely, especially if the recipient spouse is unlikely to become self-sufficient due to age, health issues, or a lack of job skills.
- Rehabilitative Support: If the court determines that the recipient spouse can eventually support themselves but needs time to gain job skills or further education, rehabilitative spousal support may be awarded for a specific period to allow them time to become self-supporting.
Can Alimony Be Modified in Iowa?
Yes, in Iowa, spousal support can be modified under certain circumstances. If there is a significant change in either spouse's financial situation or other relevant factors after the divorce is finalized, a court may be willing to modify the amount or duration of spousal support.
Reasons for Modification of Alimony:
- Change in Financial Circumstances: If the paying spouse experiences a substantial decrease in income or loses their job, they may request a reduction in the amount of spousal support. Conversely, if the recipient spouse's financial needs change, such as due to health issues or other significant factors, they may request an increase in support.
- Recipient Spouse Becomes Self-Sufficient: If the recipient spouse becomes financially independent or significantly improves their earning capacity, the paying spouse may request a reduction or termination of spousal support.
- Health or Disability Changes: If either spouse experiences a significant change in health, such as a debilitating injury or serious illness, the court may modify the spousal support order to account for the change in financial needs.
- Remarriage or Cohabitation: If the recipient spouse remarries or enters into a cohabiting relationship, spousal support may be terminated, although this is not automatic. The paying spouse would need to petition the court for the termination of support.
A request for modification of alimony in Iowa must be based on a substantial change in circumstances, and the court will consider the facts and evidence presented by both parties before making a decision.
How West Des Moines Spousal Support Lawyers Can Help
Navigating the issue of spousal support during a divorce can be complex, and having knowledgeable legal representation is essential for achieving a fair outcome. West Des Moines spousal support lawyers are committed to protecting your financial interests and ensuring that your rights are upheld throughout the divorce process.
Whether you are seeking spousal support, contesting a support request, or need assistance in modifying or enforcing a spousal support order, working with an experienced attorney can help you understand your options and guide you through the legal process. An attorney will help you gather the necessary evidence, negotiate a fair settlement, and advocate on your behalf in court.
Whether you're seeking spousal support or need help modifying an existing order, we are here to help. Call today at (515) 200-7571 or contact us online to schedule a free legal consultation with one of our skilled West Des Moines spousal support lawyers.