Alimony is an allowance from one party's estate for the support of the other party when spouses are living apart. It may be granted in cases of divorce, voluntary separation, or abandonment.
Alimony can be awarded to either spouse based on the needs of the spouse and the ability of the other spouse to pay. It can be paid from the earnings, marital property, or separate property of the payor spouse.
There is no set method of calculating the amount of alimony. The fact finder has a wide latitude in evaluating the evidence and determining the amount of temporary or permanent alimony, if any.
The following factors must be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him or her to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and,
(8) Such other relevant factors as the court deems equitable and proper.
The needs of a spouse and the other spouse's ability to pay are the controlling factors in making an award of permanent alimony.
Please call Daniels & Taylor, P.C. to schedule an appointment for a free initial office consultation with one of our Attorneys to evaluate the facts of your case in regard to alimony.
