Alimony, sometimes referred to as spousal support, is the court-ordered money that one party pays to the other party for support while they are separated, in the process of getting divorced, or after they are divorced. Either spouse may ask the court for alimony. The court may not order alimony for a period longer than the length of the marriage.
The court considers many factors when deciding whether to award alimony. Some of the most important factors are:
- The standard of living during the marriage. This is based on how much you spent, saved, invested, or gifted together during your marriage.
- Whether there is a significant disparity in your incomes. If one person makes a lot more than the other, it is likely that alimony will be ordered.
- The financial condition and needs of both parties. Both parties will need to establish a household budget, based on expenses you had when you were married, not just expenses after the divorce papers were filed.
- Both parties’ earning capacity or ability to produce income. This is based on current income, but also past employment history, education, certificates, and training. The court may also consider someone’s lack of workplace experience, especially if it is a result of primarily staying home to care for children.
- The length of the marriage, meaning the number of years from the day you were married until the day you are divorced. The longer the marriage, the stronger the case for alimony.
The court may also consider the fault of the parties in determining whether to award alimony and its terms. “Fault” could be any of the following conduct during the marriage that substantially contributed to the breakup of the marriage: adultery, desertion, neglect, habitual abuse of drugs and alcohol, felony conviction, physical abuse, severe mental or emotional abuse.
Alimony is one of the most complicated issues in divorce and it is one of the most litigated. Jess Law attorneys have successfully negotiated hundreds of alimony agreements and we have represented both alimony payors and payees in multiple trials.