How Does The Court Determine Alimony?

Anyone will tell you divorce isn’t easy. Easy and smooth divorces are usually far and few between. The whole process takes a while and after it all, you still may have to deal with your ex-spouse after the fact. The financial strain can be intense. You may even be required to pay alimony. This happens when the court determines your spouse will be put at a big disadvantage due to the divorce. Sometimes the court makes a decision that leaves you with a more financial burden. It isn’t fair. It’s essential to know how you can qualify for alimony. You should also know how it is calculated.

Qualifying for Alimony

The court will decide upon a number of different elements when determining if one party will require alimony. One element is their ability to make an earning. For example, if the divorce will result in the other party losing their primary income (that the other party made during the marriage), then they may receive alimony. The court also looks at if the potential recipient would be able to have gainful employment. Gainful employment means consistent work is given and payment is received from the employer. Length of the marriage is also an important element. If the marriage was long, then there will be a stronger case for alimony since the marriage lifestyle was prominent for a while. The court also looks at the ability of the other party to pay alimony and provide support. The court also takes into account if the potential recipient has custody of minors that will have to support and they also take into account if the payer has custody of minors as well.

How is it calculated?

There are two main things that the court will take into consideration when calculating alimony. The first being the reason for divorce. Certain factors that were used in divorce may also be taken into consideration when determining alimony. This includes behaviors such as the party caused physical harm to the spouse and/or minor children, having an affair or the spouse trying to purposefully intimidate the spouse and/or minor children. The second main thing taken into consideration is the standard of living. The court will take into consideration the standard of living of both parties after the divorce compared to during the marriage. They may also take into consideration the standard of living at the beginning of marriage if no children were involved and the marriage was short.

Divorce can be emotionally and financially draining. It’s not getting easier. Having alimony added to the equation can make things even more difficult. This can go on for years. The court may make a decision that is completely unfair to you. You may be required to pay so much alimony it causes you to be financially burdened. You need someone who will actually listen to your needs and concerns. You need someone who has experience. Emy A. Cordano has over 20 years of experience in divorce law including alimony. Make an appointment for a legal consultation through this contact form or call for a case review at (801) 901-8159.

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