Alimony refers to the financial support that a dependent spouse will receive after a divorce. This is different from the spousal support or alimony pendente lite (APL) which refers to the temporary financial support the dependent spouse is to receive during the course of the divorce proceedings.
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The court will consider a number of factors when determining whether alimony is appropriate after the divorce. Factors include the age and health of each spouse, the income and earning capacity, the length of the marriage, whether one parent is the primary custodian of the children, the standard of living during the marriage, and many other factors. These are all issues to be explored with the assistance of an experienced family law practitioner.
Alimony and Support
(a) General rule. – Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.
(b) Factors relevant. – In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:
- The relative earnings and earning capacities of the parties.
- The ages and the physical, mental and emotional conditions of the parties.
- The sources of income of both parties, but not limited to, medical, retirement, insurance or other benefits.
- The expectancies and inheritances of the parties.
- The duration of the marriage.
- The contribution by one party to the education, training or increased earning power of the other party.
- The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
- The standard of living of the parties established during the marriage.
- The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
- The relative assets and liabilities of the parties.
- The property brought to the marriage by either party.
- The contribution of a spouse as homemaker.
- The relative needs of the parties.
- The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony; except that the court shall consider the abuse of one party by the other party. As used in this paragraph “abuse” shall have the meaning given to it under section 6102 of the Divorce Code.
- The Federal, State and local tax ramifications of the alimony award.
- Whether the party seeking alimony lacks sufficient property to provide for the party’s reasonable needs.
- Whether the party seeking alimony is incapable of self-support through appropriate employment.
Contact Shemtob Draganosky Taylor today for a family law attorney skilled in the negotiation and determination of what alimony amount is appropriate in your case.
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