Today it’s not uncommon for women to make more than men in marriages. Alimony is always determined based on how much money each spouse makes, so when the wife makes more than the husband it is likely that she will be making the payments. This article discusses the factors that go into awarding alimony and how the amount to be paid is determined.
Are You Entitled to Alimony?
Deciding if a spouse will be awarded alimony in a divorce is relatively simple. When one spouse makes significantly more money than the other, that spouse will probably be required to pay the other alimony. But, if both make around the same amount each year, neither is usually required to pay alimony.
How is Alimony Set by the Court?
Determining whether a spouse will receive alimony after a divorce is the easy part. Determining the amount to be paid isn’t as simple. The following factors are considered when determining the amount of alimony to be paid:
- how much money each person could reasonably earn every month
- what the reasonable expenses are going to be for each of them
- whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they split—known in divorce law as “the standard of living established during the marriage”
If there isn’t enough money for both parties to establish a standard of living close to their marital standard of living, judges may look for ways to make the divorcing party share in the financial pain equally.
How Long Do Alimony Payments Last?
The amount of time alimony is required to be paid varies from each couple. Payment are usually always paid each month and can last until:
- a date set by a judge several years in the future
- your former spouse remarries
- your children no longer need a full-time parent at home
- a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting
- some other significant event, such as retirement, occurs, convincing a judge to modify the amount paid
- one of you dies
Every case is different, and not every divorce is as easy as determining who makes more. Contact us to speak to a divorce lawyer and ensure you get what you deserve.