How Is Alimony Decided

How Is Alimony Decided

One of the many factors that come into play when you are going through a divorce is whether the court will award spousal support, or alimony, to one of the parties involved. This is determined individually with each case and may be mandated by the court or decided upon as an agreement between the couple. Spousal support is decided separately from child support and division of marital property. Keep this information in mind if a judge rules that you should pay or receive alimony.

How Does a Judge Decide?

Alimony is used as a tool to ensure that unfair economic influence to a lower-wage-earning or non-wage-earning spouse is limited in divorce cases. In situations where one spouse stayed at home to take care of the family instead of embarking on a career, alimony is essential to guarantee that the individual is able to continue a reasonable standard of living. Some of the factors that judges take into consideration include:

  • The duration of the marriage;
  • The age and health of the parties;
  • The standard of living established during the marriage;
  • The relative income and earning capacity of the parties;
  • A party’s work experience, training and employment skills;
  • Any other factors the court deems just and equitable.

Does Alimony Continue Indefinitely?

In most cases, alimony is set to be paid only for the length of time it should take the recipient to gain the training and education to support themself. If there is no termination date specified, the payments continue until the court orders them to be stopped.

When you are going through divorce proceedings, and alimony is a factor in your settlement, it is crucial to have the experience of a reputable attorney on your side. The knowledgeable divorce lawyers at Davis & Pedrojetti are ready to handle the stress of your divorce, so you can focus on other priorities. Visit our website or call us today at (541) 842-2139 to schedule a free consultation.