However, there are common circumstances in which a combined
alimony award makes sense.
Not exact matches
In
making a determination of whether
alimony is warranted, how much should be
awarded and for how long, the court will apply several factors to each of the parties, such as:
The Arizona Court of Appeals concluded the trial judge did not
make a determination regarding whether to
award spousal maintenance the amount of the
alimony award.
After the family court issued a final order
awarding her $ 500.00 per month in permanent periodic
alimony, Wife filed a motion pursuant to Rule 59 (e), SCRCP, requesting the family court reconsider its decision to not
award her attorney's fees and credit her the payments she
made on the second mortgage.
Basically this
makes an
award of
alimony more akin to formulaic computations similar to a child support worksheet or a sentencing guideline.
While these items come up in every divorce case, it is possible to determine the likelihood of being
awarded child support or
alimony based on the basics that family judges use to
make these
awards.
In determining the amount and duration of the final spousal support or
alimony pendente lite
award, the trier of fact shall consider the factors in Rule 1910.16 - 5 and shall
make findings of fact on the record or in writing.
The law in Massachusetts permits several forms of
alimony, and
awards are
made based upon a number of factors, such as the length of the marriage, the needs of the recipient and the payer's financial status.
If your divorce decree prohibits your ex-spouse from living with her boyfriend while she has custody of the kids, or her
alimony award will be terminated if she moves in with him, these would be sufficient grounds for petitioning the court to
make changes to your decree.
Alimony is discretionary in Mississippi, and according to the Mississippi Code - Section 93 - Chapters: 5 - 23, the court
makes a support
award based on what it believes is fair to both spouses.
Florida currently has no guidelines for
alimony, and the bill creates formulas which would implement presumptive ranges for the amount and duration of
alimony that a judge could order,
making awards more predictable.
This section is captioned «Retention of jurisdiction as to
alimony and custody of children,» and begins with the phrase «After the issuance of a decree of divorce...» This language seems to create a gap between this section and the pendente lite custody available under section 16 - 911, unless the custody decree was originally conceived by the D.C. Council to be a separate order that would follow the divorce
award, thus
making section 16 - 914 the permanent custody provision.
In
making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or
alimony has been
awarded; (10) the desirability of
awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.