Not exact matches
This means that if the judge decides to
award alimony to the obligee, the obligor might have to pay it permanently or just
for a set period of time.
If the supporting spouse is not «at fault»
for the breakup of the marriage and is willing to take the other spouse back, can the family court
award alimony?
A spouse may be
awarded alimony after the court considers factors like the financial status of both spouses, whether the parties are able to support themselves, the time and expense necessary
for either spouse to receive job or educational training, and the standard of living and duration of the marriage.
Such cases might be one of the rare situations which merit a judicial
award of lump sum
alimony (assuming there's enough marital assets to
award such
alimony) but so far I've never seen a wife argue
for such an
award.
These four main points are assessed against the spouse petitioning
for alimony and will help determine if spousal maintenance is a fitting
award in the first place.
Most Arizona judges consider a marriage lasting between ten to fifteen years to be marriages of moderate duration, which may justify a larger
award of
alimony for a greater length of time.
A Demand
for Alimony Payment can help you be treated fairly, if you were awarded a
Alimony Payment can help you be treated fairly, if you were
awarded alimonyalimony.
A Demand
for Alimony Payment can help you get the money you've been
awarded.
If you have been
awarded alimony in a divorce or separation, you can use a Demand for Alimony Payment to help remind your former spouse of their oblig
alimony in a divorce or separation, you can use a Demand
for Alimony Payment to help remind your former spouse of their oblig
Alimony Payment to help remind your former spouse of their obligations.
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 sole basis
for that court's determination of fault was that, under Florida law, a wife found guilty of adultery can not be, as Mrs. Firestone was,
awarded alimony.
The Court of Appeals remanded the
alimony award back to the family court because the family court hadn't considered Social Security retirement benefits that Wife was entitled to apply
for.
Age, health, income and earning capacity are already codified factors
for setting or modifying
alimony and «whether retirement was contemplated when
alimony was
awarded» goes to whether retirement was an anticipated change of circumstance when
alimony was previously set.
The court can't
award any part of it to the other spouse, but it could set it aside
for spousal maintenance (
alimony) or the benefit of minor children.
The Supreme Court reversed and remanded the matter back to the family court to determine the proper
alimony award for Ms. Eason.
So courts typically
award alimony for the period of time they believe it will take to achieve that result.
When none of those situations exist, (where one person is clearly at fault
for so malicious or willful action) in no fault states
alimony is automatically
awarded after a certain terms marriage.
Hiring an experienced Indiana family law attorney, and fighting
for fair payments from the start, is much easier than attempting to have
alimony payments reduced once an
award has been granted.
For that reason, a judge will consider whether
alimony should be
awarded based on some or all of the following factors:
The change in societal norms and the breaking of the glass ceiling in certain industries
for women has had a huge effect on
alimony awards in divorce cases nationwide, including those in Kentucky.
A spouse requesting
alimony in Arizona must first establish they are eligible
for an
award of
alimony.
Alimony was often
awarded for rehabilitation of a dependent spouse's earning capacity, such as a college degree or re-entry into the workforce.
Where children are residing with the spouse obligated to pay spousal support or
alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support the children, the guideline amount of spousal support or
alimony pendente lite shall be determined by offsetting the non-custodial parent's obligation
for support of the children and the custodial parent's obligation of spousal support or
alimony pendente lite, and
awarding the net difference either to the non-custodial parent as spousal support /
alimony pendente lite or to the custodial parent as child support as the circumstances warrant.
If the equitably divided marital assets will adequately provide
for each party, no
alimony should be
awarded.
Alimony can be
awarded even without a divorce and either spouse is eligible to receive and petition
for it in a legal separation case.
According to Kentucky law, either spouse may be
awarded alimony, also called maintenance, if he or she lacks the property to provide
for his or her own needs, and is unable to find appropriate employment, or is unable to work because of obligations to care
for children or others in his or her custody.
Kentucky courts can
award maintenance — also called
alimony or spousal support — to either spouse if it finds that one spouse does not have sufficient property to provide
for his needs and can not support himself by finding a job.
A court often
awards a spouse
alimony, or spousal support, when one spouse can not financially provide
for herself.
Although the laws in all states permit either spouse to file
for divorce without having to establish the other at fault
for the breakdown of the marriage, some states may
award a greater portion of the marital property or more
alimony to the spouse that can prove the other guilty of adultery.
Washington state law sets forth the procedure
for dividing property and
awarding alimony when spouses divorce or a...
For example, in Virginia, the court will consider marital misconduct when
awarding or denying
alimony.
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.
To prepare
for a divorce, it is important
for both parties to have an understanding of the factors a court will consider in determining whether to
award alimony and the types and amounts to request.
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.
In a proceeding
for support unconnected with divorce, a Florida family court judge will
award child support based on Florida's child support guidelines and will
award alimony based on one party's need
for financial support and the other party's ability to pay.
For the first time, this bill instructs judges to consider the amount and duration of Temporary
Alimony paid when determining a final alimony
Alimony paid when determining a final
alimonyalimony award.
Alimony is
awarded for the support and maintenance that one spouse may be compelled to pay to another after dissolution of the marriage.
Tennessee courts can
award one of several types of
alimony available, based on a number of factors that generally include duration of marriage, age and mental health of the receiving spouse, and education and potential need
for training
for the receiving spouse.
Generally, if you are 45 or younger, the court will
award alimony for about five years and expect you to complete education or training, if necessary, to obtain better employment.
Unfortunately, if your divorce has gone final and you do not have a pending claim
for alimony at the time your divorce is finalized, then a North Carolina court does not have jurisdiction to
award you
alimony.
Today, we see
alimony awarded less frequently — and when there is a payment, it tends to be in smaller amounts and
for shorter periods of time.
So, advice
for men who have inflated, protracted
alimony awards as their chief fear?
These efforts clearly indicate that there is a big problem
for divorcing couples using the courts to determine
alimony awards.
In Illinois, an
award of maintenance (formerly known as «
alimony») may be ordered in the final Judgment
for Dissolution of Marriage.
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.
Alimony is taxable income and a tax deduction
for the spouse who pays, but you will not be taxed on
awarded assets.