Factors Considered when Determining Alimony

During the divorce process, there are a number of details that will be addressed and determined, including custody, property division, and child support. One of these factors that will be decided upon is alimony or spousal support. During the divorce process, a judge will decide how much one spouse will pay and the duration of which the spouse will pay. Our Altamonte Springs family law attorney explains what you should know and what kind of factors can impact the amount and length of the alimony paid.

Six Factors that Impact Alimony:

1. The standard of living – A judge will try to maintain the lifestyle obtained by both parties by examining finances and assets. The more expensive and extravagant the lifestyle, the more likely it is that the alimony amount will increase to match that lifestyle.
2. Duration of the marriage – Typically, the longer a couple is married, the larger the alimony amount will be. Marriage length is determined by years, under seven years being considered a short marriage and over 17 years being considered a long marriage.
3. Mental and physical conditions of each party – If the spouse receiving alimony is older, disabled, or suffering from mental of health issues, he or she is more likely to receive more alimony than a spouse that is younger and healthy.
4. Financial resources and support – Does each spouse have a source of income and financial support? If not, alimony will be factored in to support the spouse that does not have financial resources.
5. Non-financial contributions – If one spouse took on a role that contributed to the marriage in non-financial ways, such as child rearing and homemaking, alimony would likely be granted to compensate. This will also factor in sacrificial contributions to the marriage, such as leaving a job to relocate with your spouse.
6. Tax implications – Divorce does have an impact on taxes. When considering alimony amount, the difference a spouse will owe in taxes is considered.

To learn more about how alimony is determined or about your specific case, contact the Law Office of Russell S. Hershkowitz, L.L.C. today.