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Alimony
Alimony and Spousal Support Q & A
Below are some common questions regarding domestic alimony and spousal support:
How is alimony determined?
There are 17 specific factors that the Court analyzes to determine whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony.
Can I receive alimony before divorce is final?
Alimony pendente lite (spousal support) can be obtained before the divorce is final once you are separated from your spouse. Alimony is a payment on a monthly basis after the divorce is final. The amount is determined on a case by case basis after analyzing the 17 factors.
Alimony
Alimony can be awarded to either a husband or a wife, after the divorce decree is entered, when required to provide "equity and justice" between the parties. The court has fairly broad discretion to award alimony tailored to the specific needs of the parties. We can help you to ensure that you are aware of your options and that the court is made aware of all factors relevant to your alimony award, which may include:
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- The length of your marriage
- Your standard of living during the marriage
- Each parties age and physical and emotional health
- Financial resources available to you and your spouse
- Your contributions to the marriage
- Relative earnings and earning capacity
- Relative education of the parties
- The contribution of a spouse as a homemaker
- The relative needs of the parties
- Marital misconduct
It is important for the Court to consider the above. This includes putting a value on your contributions such as taking care of your children, taking care of your home, providing support to enable you to start or complete a college degree, or to pursue career opportunities and advancement. We will also help you pursue legal action to enforce your alimony award, change it if necessary, or obtain a termination if certain circumstances warrant this.