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Factors that determine alimony

If you face divorce and believe that the property division negotiation may include spousal support, it is important to understand the factors that a court may look at to determine fair terms. Spousal support may differ significantly from couple to couple, and is not generally an area of the negotiator that a court allows a couple to completely dictate on their own, although a court may consider spousal support terms that a couple negotiates together.

When considering how to award spousal support, a court may look at

  • The income and assets of each party in the divorce
  • Children that either or both spouses must support
  • The length of the marriage
  • Sacrifices on the part of one spouse to support the career opportunities of the other
  • Each party's separate earning potential
  • The standard of living establishes within the marriage

While each of these factors may influence the ruling of a court, it is usually useful to consider that the greater the income of the receiving spouse, the smaller the support is likely to be. In some cases, a reasonably self-sufficient spouse may not receive spousal support at all. Be sure that you understand the full scope of your divorce so that you do not forfeit important benefits or protections while seeking spousal support.

If you hope to obtain some form of spousal support in your divorce, it is important to build a divorce strategy for achieving this goal and protecting your rights. Through the strength of the law, you can seek a fair resolution to your marriage and move on to the next chapter of life, wiser from your experience and ready to make a fresh start.

Source: FindLaw, "The FindLaw Guide to Spousal Support," accessed Feb. 16, 2018

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