Reasons A Judge Will Order Alimony Payments

Aug 11, 2016 by

In a divorce proceeding, one of the factors that the court will consider is the standard of living of both spouses. According to the website of Marshall & Taylor, it is not uncommon for one partner to suffer from a decline in their standard of living. The ex-spouse may have chosen to quit their jobs to take care of their kids or sacrificed their career for the sake of their spouse. In cases like these, the court may order payment of alimony.

An alimony is designed to limit any unfair economic effects of a divorce by giving continuing income to a non-wage earning or lower-wage earning spouse. This is in order to give them time to develop new skills to support his or herself. Another reason for this payment is to help the spouse continue the standard of living they had during marriage. Without the help of their partner, the spouse who has no regular income will be left to fend for themselves and hence must be paid a certain amount of money as alimony.

There are certain factors that can affect the amount of money that will be awarded as alimony. The length of marriage, the number of years spent together, and the quality of relationship will come into play. Likewise, the amount of money each spouse has contributed to the marriage will also be considered. If almost equal, the amount will be determined based on the amount of time spent together and the need for child support. If the amount varies, the spouse who contributed more may ask for refund.

Spousal support is often deemed “rehabilitative” which means that it will continue as long as it is necessary for the recipient spouse to receive training. If there is no termination date, then alimony will continue until the court orders it stopped. It will automatically stop if the recipient marries again. If the paying spouse dies and the recipient is not able to get gainful employment, further support will come from the payer’s estate or insurance proceeds.

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