Divorce can be a stressful time in any couple’s life. It is never
easy to admit when a relationship is not working. When two people decide
to dissolve a marriage, it is not just a matter of going their own way.
Things like support, property division, and custody must be taken into
account. Financial matters can cause contention between two people. That
is why matters of
alimony must be taken seriously.
Spousal support is set up to ensure both parties maintain the quality of
life they experienced during their marriage. If one spouse was the main
earner, they will be expected to support their ex until the latter can
earn their own income. If you are going through a divorce, it is important
that you understand what a judge looks for when deciding on alimony.
Common Factors That Decide Alimony Payments
When a judge presides over a divorce, they want to make sure both parties
receive fair treatment. They look at
key things to determine the couple’s quality of life and who should pay to
help the other party. This is used to protect individuals who forgo their
professional careers to care for children and home.
The five key factors for alimony include:
Need – Did one spouse support both parties? Did the other spouse stay
at home and make domestic duties priority? Do they need help stabilizing
their finances after the split? These are all things a judge will question.
Length of Marriage – How long a couple has been married also affects how much spousal
support one party will have to pay the other. In marriages that have lasted
for years, spousal support may be necessary because of the time outside
of work for one party.
Financial Situation – In some relationships, there is one party who earns the majority
of the household income. While this works during the marriage, it can
be problematic after a divorce. This is because one spouse does not have
the same financial status as the other. Thus, alimony is payed to equalize
Age & Health – Age and health are other factors when determining support. If one
party is significantly older or in deteriorating health, they will need
Earning Capacity – In some cases, one party has more work experience and education
than the other. It means they can find jobs. For the other party, it might
mean they need time to acquire marketable skills so that they can earn
their own income. The judge takes this into consideration.
At James D. Madden, Attorney at Law, we understand how difficult the divorce
process can be. If you are seeking to dissolve your marriage, make sure
you have the right legal representation to protect your interests. Our
board certified family law specialist can help! Contact our Rancho Cucamonga
spousal support attorney today for
a free consultation.