“Alimony” is the vernacular term that most individuals are familiar with when referring to spousal support in a divorce. The legal word used in divorce disagreements is “maintenance.” In a divorce, any spouse can ask for maintenance, but this does not guarantee that maintenance will be awarded in every case. The charge judge must consider several issues before the court makes an alimony decision. The basis for the maintenance award is needed, and for spousal maintenance to be granted, the court must find that there is a need. If you need more help, contact Turco Legal, P.C.
Factors influencing alimony determination: What courts consider
When choosing the type and the amount of spousal allowance, several factors are taken into account. The information that follows emphasizes and discusses some of the most common standards and the roles these elements play in divorce courts so that you can better grasp these issues.
- Living standard
The standard of living of both parties is one of the factors evaluated by the judge when determining the amount of alimony to be awarded. The court carefully examines both spouses’ financial status and assets to maintain the living standard the parties acquired while they were together. The court analyses the worth of assets, including real estate, vehicles, and any other kind of expensive item. The couple’s leisure behaviors, including their travel preferences, are also taken into account in this equation. Simply put, there is a greater chance that alimony will be granted if the couple leads a higher or more wealthy lifestyle. In long-term marriages, this element is considerably more vital.
- Years married
The length of the marriage will usually have an effect on the amount of alimony that is granted. The following three groups serve as definitions for marriage terminology:
- Long-term marriages include those lasting more than 17 years.
- Moderate term marriages include those longer than 7 years but not more than 17 years.
- Short term marriage include those less than 7 years.
- Condition of both parties
The mental and physical health of each party, as well as their age, will be taken into consideration by the court while determining whether to give alimony. The chance of obtaining alimony increases when one spouse is older, handicapped, or suffering from health issues. The probability of receiving alimony would also be reduced for a younger person in generally good health.
- Financial resources
The amount of spousal support provided each month depends upon the amount that one spouse requires in terms of financial support and how well the other spouse is able to pay for that need. The financial resources of each spouse, including nonmarital and marital assets, are evaluated to determine financial capability. The judge in charge will take into consideration of all financial options open to both partners.