Couples’ relationships are complicated and extremely emotional, particularly during and after divorce. While no one can condone violence between partners, it is not unusual for spouses to accuse one another of domestic abuse when things are scorching. The police may arrive to make arrests before conducting interviews if acts become dramatic or if one spouse loses control. Contacting an experienced attorney from Lento Law Firm can be highly beneficial.
It may significantly affect many aspects of your life if you are charged with or found guilty of domestic abuse. The issue of alimony or spousal support is one of the most painful for those going through a divorce.
Domestic Violence and Alimony
In Pennsylvania, a divorce court can provide one spousal support, sometimes referred to as alimony or maintenance payments, before, during, or after the divorce process. The judge will take into account several things when determining whether to grant alimony, including each party’s earning capacity and potential, their assets and sources of income, who is responsible for raising the couple’s children, the length of the marriage, and each party’s donations to the union.
The marital wrongdoing of either party is one of the most crucial elements that decide how much a spouse will be given alimony. The judge may punish the offending spouse for their misbehavior by granting alimony to the innocent spouse when one spouse engages in behavior that gravely undermines the marriage, such as having affairs, abusing drugs or alcohol, abusing their partner or children, or abusing their partner or children.
Because of this, a court may grant spousal support to the victim of domestic abuse or refuse it to the abuser following a divorce if there has been a history of domestic violence and abuse.
Modifications to Spousal Support Payments Following Domestic Violence Charges
The parties to a divorce may still adjust their alimony or spousal support payments after the divorce is finalized, provided certain conditions are met. Either party may petition the court to request that the judge review spousal support payments in light of materially altered circumstances.
A judge reviewing a separated couple’s spousal support agreement must analyze and consider several circumstances, much like when the matter of spousal support was initially resolved in the divorce. Any new or persistent claims of domestic abuse or violence will be one of them. When deciding whether spousal support payments are still required, the judge will likely consider evidence that the spouse receiving support is abusing the party providing it. A judge may rule that an abusive spouse obtaining alimony payments is no longer eligible for spousal support in certain circumstances.
