Alimony

Sometimes after the termination of a marriage through divorce, one of the spouses may be in need of financial support; this support often comes from the ex-spouse in the form of alimony. Just like equitable division, both spouses are entitled to the standard of living afforded to them prior to the termination of their marriage.

Factors Considered in an Alimony Judgement

Factors which are considered are the same as in equitable division of property, however, the weights applied are different.

1. Need - Alimony is grounded in need, and of the various factors relating to need, particular attention is to be given to the parties' stations. The courts will attempt to keep a spouse at or as near as possible to the same state he/she occupied during the marriage.

2. Other spouse's capacity to pay the alimony. A court will not award alimony if it is not reasonably possible for the spouse to pay it.

3. Conduct of the parties during the marriage becomes more heavily weighted where it caused or contributed significantly to the recipient spouse's need.

4. Contribution of the parties to acquisition, etc, of marital estate. Truly a discretionary factor and not to be weighted heavily.

5. Needs of dependent children - even less of a consideration than contribution in most cases, and again, truly discretionary. Child care will come in the form of a child support judgement.

6. Length of Marriage - Standing alone, this is not an important consideration in determinig alimony. However, as a general rule, the longer the marriage, the more likely the chance of something happening which justifies the awarding of alimony.

Appealing an Alimony Judgment - May be done in two ways.

1. One may appeal the trial judge's finding of fact. This appeal will only be successful if the judge is found to be clearly wrong (not likely).

2. One may appeal the judge's application of the law. This will be successful if the appeals court decides the judge misapplied the law. A judge is not likely to be found wrong unless it is obvious he awarded an excessively high percentage to one of the spouses.

Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.