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Factors in Granting Alimony

Within the context of your state's law, here are some of the factors the courts typically consider in deciding how much alimony to award.

  • The standard of living of the parties.
  • The ability of the payer to pay.
  • The parties' reasonable needs under the circumstances.
  • The income and property of each party.
  • The duration of the marriage.
  • The age and health of both parties.
  • The present and future earning capacity of both parties.
  • The ability of the party seeking maintenance to be self supporting, how long that will take, and what training will be required.
  • Any reduced or lost lifetime earning capacity as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage.
  • The presence of children in the respective homes of the parties.
  • The tax consequences to each party.
  • The contributions of one spouse as parent, wage earner, homemaker, and to the career or career potential of the other party.
  • The wasteful spending of marital property by either spouse.
  • Any giving away of marital property before the divorce filing.
  • Cohabitation of the recipient spouse, as it affects his or her needs.

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Last Update Dec 22, 2008
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