Alimony is the Payment made to a separated or divorced spouse as required by a Divorce Decree or Separation Agreement.
Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for Post-Marital Alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.
Factors Affecting Alimony
Length of the Marriage
Generally alimony lasts for a term or period that will be longer if the marriage lasted longer. A marriage of over 10 years is often a candidate for permanent alimony.
Time Separated while still married
In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states (such as New Jersey) do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
Age of the parties at the time of the Divorce
Generally more youthful spouses are considered to be more able to ‘get on’ with their lives, and therefore thought to require shorter periods of support.
Relative Income of the parties
In U.S. states that recognize a ‘right’ of the spouses to live ‘according to the means they have become accustomed’, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to strongly equalize post-divorce income, heavily penalizing the higher-earning spouse.
Future Financial Prospects of the parties
A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
Health of the parties
Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.
Fault in Marital Breakdown
In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are ‘no-fault’ states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the ‘fault’ processes, and closes the eyes of the court to any and all improper spousal behavior.
Alabama Legal Help, Alberata Legal Help, Arkansas Legal Help, British Columbia Legal Help, California Legal Help, Colorado Legal Help, Connecticut Legal Help, Delaware Legal Help, District of Columbia Legal Help, Florida Legal Help, Georgia Legal Help, Hawaii Legal Help, Idaho Legal Help, Illinois Legal Help, Indiana Legal Help, Iowa Legal Help, Kansas Legal Help, Kentucky Legal Help, Louisiana Legal Help, Maine Legal Help, Maryland Legal Help, Massachusetts Legal Help, Michigan Legal Help, MinnesotaLegal Help, Mississippi Legal Help, Missouri Legal Help, Montana Legal Help, Nebraska Legal Help, Nevada Legal Help, New Hampshire Legal Help, New Jersey Legal Help, New MexicoLegal Help, New York Legal Help, North Carolina Legal Help, North Dakota Legal Help, Ohio Legal Help, Oklahoma Legal Help, Ontario Legal Help, Oregon Legal Help, Pennsylvania Legal Help, Rhode Island Legal Help, South Carolina Legal Help, South Dakota Legal Help, Tennessee Legal Help, Texas Legal Help, Utah Legal Help, Vermont Legal Help, Washington Legal Help, West Virginia Legal Help, Wisconsin Legal Help, Wyoming Legal Help