What Factors Does the Court Consider in Awarding Alimony?

“The factors the court considers in awarding Alimony differs from state to state. For example, in Alabama, the state may consider whether a party cheated in determining alimony. But in Alaska the court may not be so inclined to consider that. It really depends. But most states’ statutes are pretty similar in terms of alimony and spousal support awards. The courts typically look at things like:

  • The age of the parties
  • The duration of the marriage
  • The contributions one spouse made on behalf of the other as far as education, business formation etc
  • The amount of the marital distributive award
  • Earning power of both spouses
  • Marital standard of living
  • Health issues

The good things is that even when there has been misconduct on the part of one or both spouses, and even if the statute does not specifically allow the court to consider fault, there is the catch all “judical discretion” clause in most state statutes which will allow judges to make awards that they deem ‘just’ and ‘proper.'”
As told to me by Ms Lawyer X, our editor in chief. Lawyer X is, as we speak, working on her next book on the topic of ALIMONY.
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