Using Mediation to Settle Alimony Issues in Divorce

Using Mediation to Settle Alimony Issues in Divorce

Image courtesy of David Castillo Dominici / freedigitalphotos.net

Alimony, known as spousal support in some states, is one of the most hotly contested issues in a divorce.  Mediation can be an effective tool for settling disputes related to alimony.  When a divorcing couple is unable to settle on an arrangement that is fair, mediation can bring them together in a controlled environment to discuss the issues.

In most states, alimony that is determined by the courts is based on a standard set of guidelines.  Additionally, many states now allow for only temporary alimony, which is intended to assist one spouse in working toward self-sufficiency following a divorce.  Despite the guidelines that are in place for determining alimony, some couples still face challenges when settling on an amount and duration for payments.

Since alimony is also contingent on other factors, such as distribution of property and responsibilities for children and the home, it can be difficult for couples to reach a settlement they both believe to be fair.  It is these intangible issues that are often discussed in detail during mediation.  The mediator’s role is to help each spouse understand one another’s role during the marriage and how that affects the arrangement going forward.  The goal of mediation in alimony disputes is to avoid the vindictive nature that can arise during litigation and focus on creating an arrangement that makes sense and works for everyone involved.

Guiding clients toward mediation can be a challenge because there are so many emotions involved in divorce.  They might be fearful they will miss out or be taken advantage of if they attempt a compromise.  Once they understand that mediation gives them complete control over the outcome – more so than they would have in litigation – they are often willing to give mediation a try.  Ultimately, it is the best tool available to help them achieve their goals.

Share on Social Media

MEDIATOR OF THE MONTH: Jeffrey Grayson
Using Mediation to Settle Alimony Issues in Divorce