Alimony FAQs
Am I Entitled to Receive Spousal Support or Will I Have to Pay My Spouse?
If you are a dependent spouse, you may be entitled to spousal support. Spousal support determinations can be complicated because of the discretion given to the court. An experienced attorney can present your case effectively. The court will consider a number of factors listed below, in determining alimony payments:
- The earning capacity of each party;
- The standard of living established during the marriage;
- The earnings and marketable skills of each party;
- Whether a party devoted time to domestic duties and child rearing at the expense of career pursuits;
- The ability of the higher earning party to pay support;
- The obligations and assets, including separate property held by you and your spouse;
- The duration of your marriage;
- The ages of the parties;
- The ability of the supported spouse to obtain gainful employment;
- Whether time is needed for the supported spouse to pursue further education and training to obtain employment;
- Whether there is a documented history of domestic violence in the marriage; and
- The tax consequences of a spousal support order.