Factors Affecting Alimony Determination

In the United States, nearly 50% of marriages end in divorce. With divorce, spouses have to decide issues of property, custody and even support. One of the most contentious issues in divorce courts today is the issue of spousal support or alimony.

In most countries, alimony is seen as an obligation of one spouse to pay for the maintenance of another spouse. In the past, alimony was used to penalize wrongdoers in divorces or to create an unending obligation for one spouse to take care of another. Today, alimony is a temporary obligation to provide financial assistance for general household bills, mortgages, schooling and debts. Many jurisdictions do not require these maintenance payments because of concerns for gender fairness. Still some view alimony as necessary in special cases.

Courts use a number of factors to determine temporary, long term or permanent spousal support awards. The factors vary from one state to another and from one country to another. The most common factors include, but are not limited to:

1. Property distribution;

2. Length of marriage

3. Minor children;

4. Fault basis for the divorce;

5. Earning potential of a spouse;

6. Any disabilities of a spouse;

7. Age of the parties;

8. Employment status of each of the parties;

9. Health of the parties;

10. Standard of living;

11. Tax consequences to a spouse;

12. Settlement and property agreements;

13. Future earning potential of a party;

14. Rehabilitative employment concerns;

15. Contribution to the marriage; and

16. Equitable concerns of the court.

Courts weigh any and all of these factors while considering how to allow each party to maintain the same standard of living after the marriage that they had during the marriage. Courts will also look at fairly distribution obligations for supporting minor children, so that the divorce does not leave children in financially oppressive circumstances. In addition to spousal support, a court may award child support.

Either because of Hollywood myths or time store novels, many people believe that spousal support can be received for the remainder of their lives. This is untrue. Courts hope that the spouse receiving alimony will eventually be self sufficient and will at some later date not require financial assistance from his or her former spouse. As such, most courts set time deadlines or situational limitations on the term or duration of spousal support. Some courts may set the time for three years or some will set the end date to occur when the spouse completes their education. Each determination is made on a case by case basis.

Divorce is often an unfortunate consequence and impacts more than just relationships. It can be financially devastating. For some spouses, alimony can be a remedy; however, alimony is only meant to serve as a temporary support and not a tool to penalize the other party.