Alimony

alimony

Alimony is the legal term for spousal support. Courts examine the specific circumstances of each case to determine whether alimony is necessary and if so, what type of alimony is appropriate. The basic question asked by the Court is one party’s need for alimony and the other party’s ability to pay.

Initially, while the divorce case is pending, the Court may determine whether one spouse should pay and the other spouse should receive temporary alimony.

When the case is resolving, the Court will consider many factors to determine whether alimony is necessary after the divorce, for how long, and for what purpose.

Types of post-divorce alimony:

  • permanent periodic alimony,
  • durational alimony,
  • rehabilitative alimony,
  • lump sum alimony, or
  • bridge-the-gap alimony.
During our consultations, we will examine and discuss the factors that the Courts consider when it determines which type of alimony may be appropriate. Some factors include, but are not limited to, the following:

  • The standard of living enjoyed by the parties during the marriage;
  • The length of the marriage;
  • The age, health, and emotional condition of the parties;
  • The financial resources of each party, and the assets and debts distributed to each;
  • When applicable, the time necessary for either party to acquire the education or training necessary to find employment;
  • The contribution each party made to the marriage, including homemaking, child care, and other contributions;
  • The incomes of both parties;
  • Any other factor the Court finds necessary to do justice between the parties.

For more details on this or other family law issues, check out our FAQs or our Blog.

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