Divorce:

Determining Alimony

The determination of alimony is subject to the established rules, standards and precedents of each state; a court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. This is usually based upon the standard of living established and expected during the marriage, and after taking into consideration the facts and circumstances with respect to the spouses.

Other factors, which vary from state to state, that may be used in the determination of alimony include:

  • The marketable skills of the supported spouse, as well as the job market for those skills; the education and/or training required to develop marketable skills, and the need for further training, retraining, or education to acquire other, more marketable skills or employment

  • The loss of present or future earning capacity, due to time unemployed during the marriage devoted to household duties

  • The contribution of the supported spouse to facilitate the education, training, career, or professional license of the other spouse

  • The capability of the payer to make support payments, while taking into consideration his/her earning capacity, earned and unearned income, assets, and standard of living

  • The obligations and assets of each spouse

  • The length of the marriage

  • The ability of the supported spouse to be employed without undue interference with child care responsibilities

  • The age and health of the spouses

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