11 Aug Who Pays Alimony in A Divorce?
“The standard of living of the marriage “ is the measurement the law uses to decide if you are entitled to alimony. The whole idea and reason for alimony is so that both parties go on living as you were prior to the divorce. It is the person who makes all or most of the money that would have to share that income with the other.
The standard of living is how you live and how much it costs to go on living that way. Of course, this varies with couples and is different for virtually every family, but the bottom line is that alimony is based on how much money you had to spend during the marriage and how it was spent.
If one spouse has been a stay at home parent, which is quite common, or even if you just make less than your spouse, would you be able to support yourself to the lifestyle you were living? If not, then you might be entitled to alimony. The law does, however, obligate the non wage earner to support themselves to the extent that they reasonably can, considering all circumstances. Lastly alimony is also based on the spouse’s ability to pay.
Deciding alimony is based on factors considered by the judge.
- Actual need and ability to pay
- Duration of marriage
- Age, physical and emotional health of both parties.
- The standard of living
- Earning capacities
- Absence from job market of one seeking alimony
- Child responsibilities
- History of monetary contribution of each party
- Distribution of property
- Income through assets
So, basically the largest wage earner in the marriage will most likely be responsible for and ultimately be ordered to pay some sort of spousal support.
West New York Alimony and Spousal Support Attorney | Jeffrey M. Bloom
Divorce is complicated and can get messy very quickly especially when alimony is involved. For these reason and a multitude of others, it is wise to contact a professional to help you navigate through these stormy waters ahead. Contact the Law Offices of Jeffrey M. Bloom today for a consultation – (855) 208-3650.