One of the major financial concerns that married couples deal with when a marriage goes sour is the question of whether alimony or spousal support will be granted or not. Do you know that alimony constitutes roughly 2-3% of total divorce litigation in the U.S.? Marriages lasting up to 20 years account for nearly 60% of alimony dowries.
Who qualifies for alimony in California and other states? The spouse may be entitled to alimony if he or she proves to the court that he or she has a real financial need and the other spouse can pay. Courts analyze numerous factors to arrive at an outcome that is just, equitable, and which mirrors the situation of each of the spouses.
Judges account for these factors to determine if the support granted is well deserved and for how long it should be continued. The elements include every individual’s salary, the duration of marriage, and their individual inputs.
Let us analyze the various factors that the judiciary looks at when making rulings on alimony.
Length of the Marriage
This is an important factor in the alimony assessment process. The most important element to take into account when determining alimony is the duration of the marriage. In case the couples have been married for a long time, it is a high probability that a decision will be made in favor of the alimony.
A long-term marriage suggests a partnership in which both spouses provide financial and emotional support to each other. If your marriage lasted for several years or even decades, the court is likely to award support to help maintain the standard of living you valued during it.
A short-term marriage might make the court’s brief consideration of low alimony or no support alimony valid, taking into account the interests of the law. These considerations should help the court account for the economic circumstances of both parties.
Financial Situation and Earning Potential
According to divorce lawyer Heidi S. Kirlew, during the divorce, the courts will also examine any marital financial assets and debts. Any assets or debts acquired during the marriage by either spouse are considered marital assets by the court.
If you earned the most, you should pay a lot of alimony. In case one of the partners is unemployed or earns significantly less, the court will take into account the future job opportunities and the skills of that partner while making the alimony decision.
Factors like education, employment, and the job market will be considered. Court proceedings should be open and argued with facts, putting forth all probabilities of income for the parties. The courts focus on justice so that each spouse can live on his or her own in a reasonable manner after divorce, giving relative weight to the financial situations of both spouses.
Contributions to the Marriage
The contributions made by each party during the marriage are both important and somewhat challenging factors in alimony claims. This includes financial and non-financial contributions.
Homemaker duties, child-rearing activities, and promotion and support of the career of the other spouse are the base of the case. If one spouse made any sacrifices for the marriage, such as turning down offers of employment or foregoing an income, these will also be accounted for when considering alimony.
If you have financially contributed somehow, and this could be through income or investments, it can be substantial to the court’s decision. These institutions are organized to promote fairness and recognize each partner’s role in creating the family unit.
In negotiating alimony, which is certainly the reason for this case, proof of your contribution to sustaining the marriage can greatly benefit your side by illustrating the worth you brought to that relationship.
Grasping these ideas might help you acknowledge the divorce’s impact on your life. Knowledge of these details should give you a clue regarding the financial consequences of the procedure.