The purpose of alimony is to
rehabilitate a disadvantaged
spouse who will suffer
financially following a divorce
if financial assistant is not
provided in the form of alimony.
Generally, a spouse is
disadvantaged when he or she has
unequal education, work or
vocational skills and
experience, or is otherwise
economically disadvantaged when
compared to the other spouse.
In such cases, alimony may be
sought from the other spouse as
a component of the divorce
action. Alimony is not
automatically awarded in a
divorce, but instead, is
dependant upon several factors
such as:
(1)
The relative earning capacity of each spouse, the
obligations, needs, and financial resources of each
spouse, as well as income from retirement, pensions, and
all other sources;
(2) The relative education and
training of each party, the ability and opportunities
available to each spouse to obtain education, training,
and the necessity of either spouse to pursue and obtain
additional education and/or training to improve his or
her earning capacity;
(3) The
duration of the marriage;
(4)
The ages and mental conditions of each spouse;
(5)
The physical conditions of each spouse, including
any
physical disabilities and/or any incapacity resulting
from a chronic debilitating disease;
(6)
The extent to which it would be undesirable or
impracticable for either spouse to seek and obtain
employment outside the home due to children and either
spouse serving as the custodian of children born of the
marriage (now termed the primary residential parent);
(7) The separate assets of each spouse
including real estate (property/land), and personal
property;
(8) The allocation of
marital assets and debt and any other provisions made by
the court in the divorce action;
(9)
The standard of living created and enjoyed during
the
marriage;
(10) The scope and extent by
which each spouse has made both tangible and intangible
contributions to the marriage as wage earners,
homemakers, and contributions made by one to the other
in regard to his or her education, training, development
of vocational skills and abilities, and/or increases to
the other spouse's earning capacity;
(11)
The relative fault of both spouses in causing the
marriage to fail, where the court in its discretion,
deems the same as relative and appropriate for
consideration;
(12) Any other
factors necessary to consider the equities
between
the spouses.
There are different types of
alimony. The specific
kind of alimony that may be
awarded is dependant upon
your and your spouse's
specific circumstances.
Alimony is generally awarded
for a specified period of
time in a monthly amount.
At the conclusion of the
designated period alimony
terminates. In certain
circumstances, the specified
period of time may be
extended where circumstances
have arisen and/or changed
and the former spouse
receiving the alimony cannot
be rehabilitated
during the set period for
alimony payments.
Additionally, dependant upon
both the facts and the
discretion of the court,
permanent alimony may be
ordered as opposed to
temporary alimony or alimony
for a specified period.
An award of alimony also may
carry tax consequences and
may terminate prior to the
expiration of the specified
period of time upon the
occurrence of certain
events.
As alimony is a complex and
important issue that can
result in significant
financial benefit or
consequences, we encourage
you to discuss your divorce
and alimony issues with an
experienced attorney.
The attorneys of BNWP&M's
routinely handle divorces
that involve the issue of
alimony. We are
available to address any
questions and concerns you
may have regarding alimony
or any other legal issues
and we invite you to call
upon us at your convenience.
JMMiller@batsonnolan.com
