To determine alimony, the court looks at the respective needs and abilities of both parties.These factors are generally referred to
as the alimony factors:
Not exact matches
They quickly
factor in the recurring payments such
as child support and
alimony, consumer and student instalment loans, credit cards, vehicle leases and other loans.
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:
Courts in many states use the date of separation
as an important
factor in deciding issues related to property division, child support,
alimony and adultery.
However, there is no formula to help courts and families calculate an
alimony amount, but instead
factors to consider such
as the standard of living during the marriage and the age and health of each party.
The judge can also deviate from the formula by considering
factors such
as the child's extraordinary medical or educational expenses;
alimony paid to the custodial parent; and the total assets of the parents and child.
Alimony under New York law is referred to
as maintenance, and is based upon certain
factors set forth in the domestic relations statute.
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.
Spousal Support or
Alimony: In New Mexico, either party to a dissolution action may be ordered to pay alimony to the other spouse as the court deems just and proper, after consideration of the several f
Alimony: In New Mexico, either party to a dissolution action may be ordered to pay
alimony to the other spouse as the court deems just and proper, after consideration of the several f
alimony to the other spouse
as the court deems just and proper, after consideration of the several
factors.
To determine the amount and duration of
alimony, the court will consider such
factors as each spouse's earning capacity, age and mental and physical health, the length of the marriage, the standard of living established during the marriage, marital misconduct, and any other relevant
factors.
To determine the amount of
alimony, courts may consider
factors such
as the needs of the requesting party, the ability of the other party to pay, the length of the marriage, and financial resources of either party.
Although the courts will not consider fault when distributing marital property, the law permits judges to include it
as a
factor when making decisions about permanent
alimony or spousal maintenance after your divorce is final.
The amount received from the pension could be considered
as a
factor when the court is determining the amount of
alimony — because it would affect both spouse's financial need and ability to pay.
In awarding
alimony, the court considers a number of
factors, including the financial position of each spouse, the duration of the marriage, the earning capacity of each spouse and the contribution of either spouse
as homemaker.
As to the house and
alimony — it depends on a number of
factors.
The court can consider such
factors as any significant income available to the child, any unreimbursed extraordinary medical costs of the paying parent, consumer debts, educational expenses for children and spouses, and
alimony payments.
While the New Jersey
alimony statute includes fault
as a
factor in determining
alimony, our state Supreme Court in 2005 all but eliminated the role of fault in determining
alimony or the amount of
alimony to be paid or received.
With
alimony, it is important to remember that one of the
factors is the ability for one spouse to support themselves
as well
as the other.
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.
Rather, the
alimony statute lists «the duration of the marriage»
as one of 16
factors that a court must consider in making an
alimony decision.
This session will help viewers prepare for their divorce
as they learn about how divorce is initiated in Florida; how long is takes to finalize a divorce; the key
factors to choosing the right divorce attorney; the alternatives to going to court to get a divorce; how
alimony is calculated in Florida; and many more issues that may arise throughout the divorce process.