Donahue, Jr, Esq. The key to alimony is understanding the term "the standard of living of the marriage. The basic idea behind alimony is that when your marriage ends, you both should be able to go on living as you were before the divorce.
If you make all or most of the money, you would probably have to share that income with your spouse. If you didn't, your standard of living would rise considerably above the one you enjoyed while married, and your spouse's would drop below it. The standard of living of the marriage is really how you live and how much it costs to live that way. For some people, the standard of living involves big homes, expensive cars and lavish vacations. For others, it involves a modest house, a practical car and trips to the shore.
It's different for every family, but it is basically defined by how much money you had to spend while you were married, and how you spent it. A mediator will work with you and ask questions to help you define your standard of living. As with most issues in your divorce, you and your spouse can negotiate and reach an agreement about the amount of alimony and length of time it'll be paid. If you can't agree, you'll need to file a formal motion request asking a court to decide alimony.
The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order. One of the downsides of asking the court to decide is that if you're represented by an attorney , the expense of going through a hearing can be significant.
Even if you're not represented by an attorney, you will have to spend a lot of time gathering evidence such as financial documents and preparing for the hearing. Every state has its own guidelines on what judges should consider when deciding whether to award alimony.
Most states require judges to evaluate:. If you're the spouse asking for support, the court will look closely at your current income or ability to earn if you aren't currently working. When the supported spouse has been out of the workforce or has been underemployed has an opportunity to work full- or part-time but chooses not to for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent.
For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse's career, a judge will examine the medically trained spouse's future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce.
For example, a judge might require a spouse who has a part-time job that doesn't pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order or the paying spouse might request that an expert called a "vocational evaluator" make a report to the judge on the job prospects for a spouse who hasn't been fully employed for a while.
The evaluator will administer vocational tests and then compare the spouse's qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn. The duty to pay alimony begins as soon as an order requiring it is signed by a judge. An alimony order is enforceable by the supported spouse : If the paying spouse isn't actually paying, the supported spouse can file a "show cause" action motion , and the court will set a hearing to determine why the paying spouse isn't following the order and what the court should do to enforce it.
Family law courts have various tools at their disposal to enforce alimony payments, and a deadbeat spouse could face fines and penalties for failing to follow an alimony order. A court can also order a spouse to pay alimony retroactively to make up for any missed payments.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The judge ruled that he could grow mushrooms, but that he would have to figure out a way to pay the spousal support that was awarded to his ex-wife.
The length of the marriage is also a consideration when the judge awards spousal support. If the marriage only lasted for two years, it is unlikely that the judge would award permanent spousal support to one spouse. The judge may not award spousal support at all, unless there are children or there is some other circumstance that would prevent the recipient from working. A judge considers all of the facts and circumstances. For example: If a couple is married for 20 years, and the wife was 18 when they married and is now 38, then the judge will probably not award permanent spousal support.
However, if the wife was 40 when they married and she is now 60, the judge may award permanent spousal support. Another consideration is the age and health of both spouses. Is either disabled or retired? If so, are they receiving a permanent income stream? If one spouse is 50 or older, and has never worked, he or she will have a difficult time finding employment. Spousal support will have to be awarded. Spousal support may be awarded for a specified time period, or it may continue until it is modified or terminated.
Some judges have a rule of thumb that they will award spousal support for half the number of years of the marriage. Spousal support generally ends upon the death of either spouse, or upon the remarriage of the recipient. Spousal support will continue until it is modified, unless the decree states that it is non-modifiable.
During the separation period, any payments to the other spouse are generally not considered spousal-support. However, if a temporary order was issued for spousal support, and the order does not state that payments will not be taxed as spousal support, then the spousal support payments are deductible by the payor and included in the income of the recipient.
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