How Is Alimony Determined in a Divorce Case?
Posted on: September 10, 2019
If you are getting divorced or separated there are many issues that need to be sorting through when splitting your lives apart. How to divide child custody, assets, shared property, and other factors are always considered. In most cases of divorce or separation, alimony also comes into play.
What is alimony?
Alimony, also known as spousal support, is a mechanism designed to help ensure that both ex-spouses can continue to maintain the same standard of living that they had when they were married. This is especially important in situations where only one spouse was working or where one spouse substantially out-earns the other. In that scenario, spousal support is there to help ensure that both individuals can continue to live as comfortably as they did when together.
What types of alimony are there?
There are a few different types of alimony that the courts consider when deciding a divorce case. Temporary alimony is awarded to provide immediate support during a divorce. In this case, if a couple is getting divorced and only one spouse was earning, they may be required to pay temporary alimony to the other spouse until a permanent alimony agreement can be reached.
Rehabilitative alimony is another type of spousal support. This is paid to support one spouse who was either non-earning or low-earning while they work to complete education or training to help them become more self-sufficient.
Permanent alimony is the last type. This type of spousal support does not necessarily last indefinitely, it is just the term for the court’s final ruling. Permanent spousal support lasts until the judge orders it to or until one of the ex-spouses request a modification to spousal support.
What factors affect spousal support?
There are several factors that get considered when determining spousal support. These include the length of the marriage and the standard of living while married. In addition to that, the judge will also look at the earning capacity of the spouse requesting support and the other spouse’s ability to pay alimony. They will also consider the age and health of the couple, the division of debts and assets, child custody arrangements, any history of domestic violence, and whether or not there was a prenuptial agreement in place.
Contact Kendall Gkikas & Mitchell, LLP for an experienced spousal support attorney!
If you are battling with your ex over spousal support or alimony, you need an experienced family law attorney on your side. At Kendall Gkikas & Mitchell, LLP, we have been fighting for our clients for over 25 years to get them fair and equitable settlement agreements. Spousal support and alimony agreements can have a big impact on your life and have lasting implications so it’s important that you get an experienced attorney like Kendall Gkikas & Mitchell, LLP to fight for your rights. Contact us today at 909-482-1422 to request your consultation!