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What Factors Affect Alimony?
Home » Divorce » Alimony » What Factors Affect Alimony?Generally alimony lasts for a term or period that will be longer if the marriage lasted longer. A marriage of over 10 years is often a candidate for permanent alimony.
In some states, separation is a triggering event, recognized as the end of the term of marriage. Other states, such as New Jersey, do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
Generally more youthful spouses are considered to be more able to get on with their lives, and therefore thought to require shorter periods of support.
In states that recognize a right of the spouses to live according to the means they have become accustomed, alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to strongly equalize post-divorce income, heavily penalizing the higher-earning spouse.
A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.
In states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many states are no-fault states, where one does not have to show fault to get divorced. No-fault divorce has the advantage of sparing the spouses the acrimony of the fault processes, and the disadvantage of closing the eyes of the court to any and all improper spousal behavior.
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