Family Law Blog

James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

Top 5 Factors the Judge Considers When Determining Alimony 03-04-2016

Top 5 Factors the Judge Considers When Determining Alimony

Alimony is an aspect of divorce not many like thinking about. Also known as spousal support, it is money one spouse pays to the other for a certain period, to help the other continue with the standard of life they are used to. Individuals pay alimony for a number of reasons and the amount varies from couple to couple. The judge looks for multiple factors when determining how much spousal support a person will have to pay.

Common defining factors a judge looks for when assigning alimony:

  1. The length of the marriage – The judge looks at how long two people have been married. The longer the marriage, the more likely it is that a spouse will receive spousal support. This may be because in older marriages, one spouse may be out of the workforce longer, thus making it difficult for them to obtain the skills and jobs they need to support themselves.
  2. Income of each party – Is one spouse the sole provider? Do both spouses have jobs? The judge will look at how much each spouse makes. They will also look at the earning capacity of each spouse, regardless of whether they have a job yet. Mental and physical health play a factor, because that will also affect how much income a party can generate.
  3. The needs of each party – If a spouse gave up a career to be the sole homemaker, they will have greater need for spousal support. It will take time for them to find jobs and / or obtain the skills they need to work that job.
  4. The ability of a spouse to seek work – The judge will consider the physical and mental health of an individual. If someone lives with impairment, it might make it more difficult for them to obtain a job.
  5. Standard of living – The judge considers the quality of life each spouse was accustomed to during the marriage. This factor affects how much one spouse may have to pay the other.

For a fair divorce settlement, you should seek the legal representation you need. Whether your divorce is fraught with contention or amicable, an experienced divorce attorney can help move the process more smoothly and efficiently. Call our San Bernardino spousal support lawyers today for a free consultation.

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Categories: Divorce, Alimony

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