How Does the Court Determine Alimony?

  • Posted on: Dec 23 2020
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If you are getting divorced, your spouse may be granted alimony. This is a payment you will make each month for a set number of mouths to help support your ex-spouse until they are able to secure a job or find affordable housing. Today, alimony is not typically permanent. You will usually pay it out for a set number of months or years. The court uses a number of different pieces of information to determine how much alimony you will pay.

Factors Related to Your Marriage and Divorce

First, the court will look at how the rest of your joint property is being divided up. If your spouse is getting your home that has no mortgage, for example, they will not have to pay for housing. This fact will likely reduce your alimony amount. How long the two of you were married will also play a part in the decision. Any assets the two of you had before the marriage may also be included since your spouse will retain any assets in their name.

Personal Factors

Your age, your spouse’s age, the age of any children you have, and other personal information is another factor that comes into play when determining alimony. If you are both fairly young and in good health, your ex will likely find it easier to get a job than if they were elderly or in poor health. This means they will be able to support themselves more easily in the near future.

Ability to Earn Income

In addition to your current income and resources, your ex-spouse’s ability to earn income will also be considered. To determine this, the court will look at their job history, their education, and even the industry in which they worked. If they determine that your spouse will be able to find a job in that industry that will pay a good salary, your alimony amount and duration will be adjusted accordingly. On the other hand, if your spouse has not worked for years and has a degree that is not as relevant today as it once was, you may have to pay more in support.

Want to learn more about alimony or need an attorney for your divorce? Contact the FK Law Group today to discuss your case.

Posted in: Family Law, Uncategorized