What Factors Are Considered When Deciding an Alimony Payment
Many of the people we consult and represent are confused as to how alimony is calculated. It can be a long, difficult process, but we here at Sarah Henry Law are here to help you navigate that process and fight for your financial needs during an alimony proceeding.
Just like most matters in any Family Law proceeding, alimony is a complex process in which a judge considers a litany of factors – some objective, some subjective when considering if alimony should be awarded and the amount and frequency of an alimony payment.
First, there is alimony pendente lite which is a non-permanent alimony order wherein one spouse is required to pay the other spouse while the divorce case is still in process.
Periodic alimony are payments made at regular intervals as outlined by the court (i.e. monthly, quarterly). These regular payments are meant to occur as long as it takes for the receiving spouse to become financially independent.
Lump-sum alimony is a single payment or installment payments made throughout a relatively short period of time. In many cases, Greenville Family Court will award rehabilitative alimony which is intended to provide financial aid to a spouse while they acquire the skills to enter or reenter the workforce.
Lastly, there is reimbursement alimony which provides reimbursement from one spouse to another in a situation where the spouse financially supports the other through education, career or other earning abilities.
Tucked within each of these designations are a lot of variations that determine the final amount of alimony to be paid. The most crucial part of this process is having a representative – an attorney – who will fight for your rights and help you understand the process.
Once an alimony order is decided, the paying spouse is legally bound to make payments according to the schedule outlined by the judge in the case. Failure to do so is a serious offence, and could result in a contempt action to force compliance e.g. paycheck deduction, fees or a time in jail.
Divorce, separation and other issues that arise during a divorce aren’t easy; we know that. We also know that without an effective advocate, you might emerge from your divorce proceedings without the crucial financial support you need. Don’t take a chance with a big box attorney or inexperienced representation. Trust your case to Sarah Henry Law. Our staff is ready to help you. Call our office today to set up an appointment.
Factors Considered in Alimony Orders
- Duration of the marriage
- Ages of spouses at the time of the marriage
- The occurrence of marital misconduct either or both parties
- Employment of each spouse
- Health and mental well-being of each spouse
- The marital standard of living
- The financial needs of each spouse
- A consideration of future education of the spouse in order to compensate for income lost in divorce.
- Earning potential of each spouse
- Tax consequences
- Child support payments
- Any property awards assigned to each spouse during the divorce.
