Alimony involves whether support is appropriate and, if so, the form, amount, duration, and conditions of that support. These matters often require evaluating financial circumstances, structuring support in a workable way, and considering how support interacts with other aspects of the overall resolution.
How Mediation Helps In This Context
The session allows participants to evaluate whether support is appropriate and, if so, what structure is workable in light of the parties’ financial circumstances. They can consider potential ranges, test different support structures, and assess how terms such as duration, modification, or termination would apply. Participants may identify additional information needed to refine those evaluations and consider whether interim arrangements or staged approaches would assist in reaching a final structure.
Discussion often addresses the uncertainty of how the matter could be decided if it continues through litigation, the cost and time involved in continuing, and whether further proceedings are likely to produce a materially different result. They can also address how positions and communication between the participants may be affecting movement in the case.
Common Issues
- Form, amount, and duration
- Security and termination conditions
- Interaction with equitable distribution and child support
- Entitlement or ability to pay
Some Considerations For Counsel Preparing For Mediation
- Identify income and expense information relevant to evaluating support
- Consider what additional information, if any, may be needed to assess potential support structures
- Identify how payments would be made and whether any confirmation or security may be appropriate
- Consider how support terms interact with other financial components of the overall resolution