Going through a divorce is an emotional time for both parties. It’s also a time that involves a lot of complicated paperwork, decisions, and communication. More often than not, it is also a time of learning.
When going through a divorce, a lot needs to be addressed and you and your ex-partner might not understand everything. While not all divorces address the matter, one common topic during a divorce is spousal support.
One such form of spousal support is alimony, which is a regular payment made by an ex-husband, wife, or civil partner to their ex-partner.
You’re in the right place if you have questions about spousal support. In this post, we’re going to show you 5 factors that affect alimony payments. If you need a better understanding of the alimony process, stick around!
Make sure you visit Rowan Skinner Legal for more advice and guidance too!
Contents
What Is Alimony?
Before we take a look at the 5 factors that could affect your alimony payments, let’s take a quick look at alimony in more detail.
Also called aliment, spousal support, maintenance, and spouse maintenance, alimony is a legal obligation set upon a person to provide financial support to their spouse before or after divorce or separation.
Financial support in the form of alimony is ordered by a court and usually lasts for the reasonable amount of time it would take for the spouse to become self-supporting. Alimony can be paid by a husband, wife, or civil partner.
Alimony payments are only paid when one partner can’t support themselves financially.
Factors That Could Affect Your Alimony Payment
Now you know more about alimony payments, let us take a look at the factors that could impact your payments. We will start with the duration of the marriage!
1. Duration Of The Marriage
Source: tribune.com.pk
The duration of the marriage also plays an important role in determining whether a spouse is given alimony payments or not. To put it simply, the longer the couple’s marriage, the higher the probability of spousal support.
After a long marriage, the partner who has a larger financial need is less likely to jump straight back into work.
It is also worth noting that the length of the marriage will also impact the amount of support given. Usually, the longer the marriage, the larger the amount of support given.
2. Standard Of Living
One of the factors a judge will consider and examine when awarding or denying alimony payments is the standard of living of both parties. The overall aim of the court is to maintain the lifestyle of both parties.
The courts will examine both parties’ financials and the assets they own, including homes, possessions, and vehicles. Vacationing habits are also taken into consideration.
Generally, the more expensive or higher the couple’s lifestyle, the more chance there is of alimony being awarded.
3. The Health Of Both Parties
Source: goodrx.com
A court handling an alimony case will consider the health of both parties too. The courts will evaluate the physical and mental condition of each spouse.
Things like age, health problems, and disabilities are all taken into consideration. In situations where the spouse is disabled, suffering from a health problem, or older, spousal support is likely to be awarded.
4. Sources Of Income
It probably won’t come as a surprise to you that the courts also factor in both parties’ sources of income. The courts will examine every source of income both spouses have. This includes things like investments, work, and portfolios.
Courts will usually take historic returns into account too, so that they can gain a better understanding of how much each spouse earns.
Historic returns could be factored into figuring the monthly alimony payments.
5. Adultery
Source: crosswalk.com
If a spouse has committed adultery, the court can use the act to determine alimony payment. It does not matter which spouse committed the act, the courts can use the circumstances of the adultery to award or deny alimony payments.
The court might award more alimony payments or even deny alimony payments altogether. Of course, this all depends on the circumstances.
6. Education and Employment History
The educational background and employment history of the divorcing spouses can affect alimony payments. A higher-earning spouse with advanced education and a successful career may be obligated to provide higher alimony amounts to support the other spouse’s financial needs.
Conversely, if the lower-earning spouse possesses marketable skills or has the potential to acquire them, the court may consider their ability to become self-supporting and adjust the alimony accordingly.
7. Contributions Made to the Marriage
Source: cfnc.org
Contributions made by each spouse to the marriage, both financial and non-financial, can influence alimony payments. The court takes into account the roles played by each spouse, such as homemaking, child-rearing, and supporting the other spouse’s career advancement. The contributions made during the marriage can be a factor in determining the financial support that one spouse may owe to the other post-divorce.
8. State Laws and Guidelines
Alimony laws and guidelines vary from state to state, and they have a significant impact on the determination of alimony payments. Each jurisdiction has specific rules, formulas, or factors that courts consider when awarding alimony. Some states follow a specific formula based on income and duration of the marriage, while others allow for more discretion.
Understanding the alimony laws and guidelines in your particular state is crucial for both the paying and receiving parties to have realistic expectations and to ensure fair and just outcomes.
Final Thoughts
This post has taken a look at 5 main factors that could affect your alimony payments. Now you’ve made your way through the information we have provided you with, you should have a greater understanding of alimony.
