Law

Steps Followed By The Court To Determine Alimony In A Divorce Case

During a divorce, the earning partner has to provide alimony to the financially dependent spouse. Alimony is a sum granted to one of the spouses during and after the divorce until a specific time limit. This is to provide financial aid to the spouse until they find something more substantial for themselves. 

However, there are varying circumstances in every divorce case, so there is no fixed amount. Depending on your financial situation, the court will decide the alimony, so to be sure about how much spousal support you can get, consult a divorce attorney from Karp & Iancu, S.C. today. 

Steps followed by the court to determine alimony in a  divorce case 

  • Determining whether post-divorce alimony is required 

When the judge concludes whether or not to award post-divorce alimony, they must consider two things: whether one chosen spouse needs support and whether the other spouse can pay the decision support. Most states have a specific set of rules and regulations that are mentioned to the judge while deciding alimony in a divorce case. 

However, not every state supports the laws related to granting alimony. In some states, the spouse seeking spousal support has to provide concrete evidence to convince the court that they deserve the right to support after divorce. 

For that, they must prove that they tried hard and made a genuine effort to earn the required skills for maintaining their everyday needs and requirements. 

  • Things that are considered while deciding the amount of spousal support 

After going through all the potential aspects of a divorce case, if the judge decides that alimony must be rewarded. They have to calculate the amount of appropriate spousal support by comparing several factors that states consider before determining the sum of support; some of them are:

  • Standard of living during the marriage
  • Assets, debts, and earnings of both partners 
  • Duration of marriage 
  • Age and health condition of both partners 
  • If one spouse has a lower earning ability or was away from their job to take care of the house and children 
  • Property distribution among both spouses 
  • Other contributions that one partner made during the marriage 

Moreover, you can also register a  complaint if you have a pst with domestic violence or abuse. In such situations, the alleged spouse might have to provide more support to you; however, you must give proper evidence of the charges your press against your partner. 

Many people have a misconception that it matters who filed the divorce case. The court does not consider this fact while awarding alimony or spousal support to either of the parties. 

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