Factors Used in Setting Alimony
Spouses have a legal obligation to support one other. This duty often does not end upon a divorce; continued financial support after marriage is known as “alimony” or “spousal support.” Alimony responsibilities end upon the remarriage of the supported ex-spouse, or their “full reimbursement.”
A family court is a court of “equity,” which means the judge may consider all facts and circumstances in reaching her decision. These factors are usually laid out in the state “family code.”
The first factor the judge will consider in setting a proper amount of spousal support is the earning capacity of each party and the marital standard of living. These factors, in turn, are supported by sub-factors, such as: marketable skills, job market for those skills, time and expense required for further job retraining, and the extent to which earning capacity was impaired by periods of unemployment / domestic duties during the marriage.
The next factor used in determining spousal support is the extent to which supported party assisted in the education, license, or career of the supporting party. For example, if one spouse supported the other while in law school, that spouse probably has some money coming to them.
Other factors include current ownership of assets, duration of marriage, interests of children, age and health of parties, history of domestic violence, tax consequences, balance of hardships, goal of becoming self-supporting, cohabitation with member of opposite sex, expenses of each spouse, and any other factors the court determines are just and equitable.
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Last Modified: 06-04-2009 09:30 AM PDT
