Determining Alimony
One of the biggest issues in any divorce proceeding is determining if and how much alimony should be paid. In this modern age, when women are vital members of the workforce, alimony is not as standard a condition of divorce as it once was. However, it is still very common, and you may find yourself wondering how the court will land on the issue. The following are all common factors that help determine how much alimony will be assigned:
- Ability to Pay. The courts look at the respective incomes of the spouses with the intent of determining the ability of a spouse to pay alimony. Medical insurance, taxes, and Social Security are deducted from gross income for the purposes of determining ability to pay.
- Ability to Earn. The court determines each spouse’s ability to generate income, not just in terms of how much each makes, but also in the ability to generate income. For example, a spouse with a higher education degree or a labor-limiting injury can affect that person’s ability to make money.
- Standard of Living. The court may look at the standard of living maintained during the marriage and try to maintain that standard for both spouses after the marriage.
- Duration of Marriage. The court will often take the length of the marriage into consideration when awarding alimony, with shorter marriages often being denied alimony payments.
- Children. The presence of children, especially young children, can affect the distribution of alimony. Physical custody of the children is also a determiner.
When determining alimony, the court will weigh these different factors, and possibly others. It is important to keep in mind that legal representation can also have an effect on the determination of spousal support payments.
Contact Us
If you and your spouse have decided to file for divorce, contact the Boca Raton divorce attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800.
