While not all divorces require addressing the matter of alimony, spousal support can play a critical financial role in separations that leave one spouse without adequate financial means to support themselves, especially when the other partner is financially equipped to help.
The court takes many factors into consideration when determining alimony which can be awarded to either spouse in a divorce case. Set up a consultation with David R. Phillips if you have concerns or questions regarding spousal support.
As an experienced divorce attorney, he can guide you regarding an array of family law matters concerning divorce, custody, alimony, visitation, asset distribution, name changes, and so on.
Factor #1- Marriage Duration
The longer the marriage, the more likely a judge is to order spousal support. Spouses with financial needs are less likely to bounce back into work if they chose to sacrifice their careers during the marriage. Therefore, their earning power diminishes considerably in long-term marriages.
Moreover, courts take contributions to the marriage, such as managing the house, caring for the children, and similar chores into consideration. They are likely to be of far more significance after a marriage of many years. Sometimes lifestyle during marriage also plays a significant role in determining the alimony amount, but nothing is certain.
Factor #2- Financial Discrepancy
The broader the financial gap between the spouse who will be paying and the spouse who requests alimony, the more the chances of the court ordering spousal support. When one partner earns a good living, but the other has limited earning power, the court restores financial balance by ordering spousal support.
Factor #3- Earning Capacity of the Recipient Spouse
Spousal support is typically awarded in relation to the length of time it would take for the recipient spouse to gain financial independence. This means their job skills, the requirement for additional education or training, health, age, and other things will be assessed. The court can determine the recipient spouse's earning capacity if they are unemployed to identify what their income would be before imputing the income level to them.
Factor #4- Extenuating Circumstances
Sometimes spouses with a permanent disability may be precluded from working. At other times, staying home to care for the house and children can impact their mental or physical health. In such cases, alimony is far more likely to be awarded.
However, no mandatory formula exists, so it is best to consult with a family law attorney to assess the specifics of your case so they can help determine the factors that may or may not matter to the court.
Discuss Your Case with a Seasoned Divorce Attorney
David R. Phillips has a commendable track record of successfully guiding alimony cases like yours toward advantageous outcomes that competently protect the financial rights of all clients.
The family law attorney can help you determine whether spousal support is appropriate and can also guide you if you want it modified due to changed circumstances. Reach out to us right away to speak to our experienced family law attorney, who will guide you according to your situation.