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What Factors Affect the Spousal Support Amount?
You want to answer the question, "how much alimony will there be?"
It depends a lot on the state where you live. Some state laws pretty much prohibit
spousal support (popularly known as "alimony") entirely.
Other state laws encourage very generous alimony amounts, especially for marriages
of ten years' duration or longer, which attempt to keep the spouse at the same
standard of living as he or she was during the marriage.
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.
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The standard of living of the parties (higher means more alimony).
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The ability of the payer to pay (more means more alimony).
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The parties' reasonable needs under the circumstances.
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The income and property of each party.
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The duration of the marriage (longer means more alimony).
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The age and health of both parties.
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The present and future earning capacity of both parties.
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The ability of the party seeking maintenance to be self supporting, how long that will take, and what training will be required.
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Any reduced or lost lifetime earning capacity as a result of having
foregone or delayed education, training, employment, or career opportunities
during the marriage.
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The presence of children in the respective homes of the parties.
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The tax consequences to each party.
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The contributions as parent, wage earner, homemaker, and to
career or career potential of the other party.
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The wasteful spending of marital property by either spouse (the spender is penalized).
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Any giving away of marital property before the divorce filing (the one who gave it away is penalized).
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Cohabitation of the recipient spouse, as it affects his or her needs.
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Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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