Family Law - Alimony Factors Considered

Alimony, sometimes referred to as spousal support or separate maintenance, generally refers to the obligation to give financial support to a spouse after separation or divorce. The public policy behind the alimony idea is that spouses, in getting married, have an obligation to support each other during their marriage. Alimony is the extension of this obligation after the marriage has broken down. Each state has a different group of factors taken into consideration when determining alimony. The following are typical factors:

Length of the marriage.

The length of the marriage goes a long way in determining alimony. The theory is that, over time, the financial burdens, stresses, and situations of the married couple become so intertwined that fairness dictates that each party's finances should remain that way. Generally speaking, the longer the marriage, the longer the alimony term will be.

Age of the parties.

One of the goals of alimony is to allow a spouse to get back on his or her feet after the demise of marriage. Younger spouses are deemed to have a better opportunity to obtain education and gainful employment to help them toward being self-supportive.

Resources.

The overall resources of the parties, whether tangible or intangible, may be considered in making an alimony determination.

Relative income of the parties.

The relative income of the parties is an important factor in determining alimony. The idea is that each spouse has a right to enjoy the same standard of living as was attained during the marriage, or that the parties became accustomed to during the marriage. It is difficult to maintain two households in the same standard as one household on the same income level, but alimony awards attempt to do so in the best manner possible.

Future financial prospects.

The idea behind many alimony awards is to help the spouse receiving payments to get back on his or her feet. Therefore the prospect of future employment, education, etc. is important in making a determination on duration and amount of alimony. On the flip side, by way of example, if a spouse who is paying alimony has the opportunity to quadruple his or her income in the next two years, that will also be taken into account.

Physical and mental health of the parties.

Poor health is an indicator of need, and alimony is generally a need-based award.

Fault.

Some states recognize fault grounds for divorce (i.e. adultery, cruelty, desertion, etc.). Fault can play a significant role in determining alimony, from being one of many factors to being a factor that eliminates alimony altogether.

It is important to note that every state has different alimony statutes and factors. The information in this article is just that - information. It is not legal advice.