Factors Considered When Determining Alimony

Factors Considered When Determining Alimony

Posted By R. Gregory Colvin LLC || 23-May-2016

Alimony can be one of the most hotly contested issues during divorce. Also referred to as spousal support or spousal maintenance, alimony is money that a higher-earning spouse pays to support the other during the process of divorce or for a certain period of time after a divorce is finalized. During the process of divorce, the courts will consider the facts of a couple’s case to determine if alimony is necessary, and if so, how much is appropriate.

Alimony is awarded based on the following factors:

  • The seeking spouse’s financial resources
  • Both spouse’s sources of income
  • Both spouse’s earning capacity, education, and employability
  • Time and expenses required by the seeking spouse to obtain education and training for appropriate employment
  • The standard of living during the marriage
  • The length of the marriage
  • Both spouse’s age, physical, and emotional health
  • Each spouse’s contributions to the marriage
  • The tax consequences of alimony
  • Child custody arrangements

Alimony can sometimes be affected if either spouse was unfaithful during the marriage. If a spouse’s adultery caused financial damage to the other spouse in some way, the courts will take this into consideration when determining an appropriate alimony award.

The length of the marriage will have a bearing on whether permanent alimony will be awarded. Marriages that last 17 years or longer are most likely to be awarded permanent alimony if it is deemed appropriate by a judge in consideration of the above factors. Marriages lasting less than 17 years but more than 7 years can warrant permanent alimony if there is clear and convincing evidence of its appropriateness. Permanent alimony is only used in rare circumstances for marriages lasting less than 7 years.

Alimony Lawyer in Orlando, Florida

At R. Gregory Colvin, LLC, our Orlando alimony attorney has helped countless clients negotiate fair alimony settlements for more than 25 years and can provide the powerful advocacy you need during your divorce. We can explain to you your rights and help determine the best possible strategy for you to move forward. To get started, schedule a free consultation or call (407) 603-3460 today.

Categories: Divorce, Family Law, Alimony

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