There are many items to address when a couple decides to divorce. One important issue is spousal support, also known as alimony. The court may consider several factors when determining how much to award.
Factors for consideration
The amount of spousal support the court awards is based on the couple’s circumstances. The court will review their income and earning capacity, both current and future. This may include an assessment of their education and skills.
The court may also consider the couple’s financial assets so it can determine whether each spouse can meet their financial needs.
If the parties were in a long-term marriage, that may increase the amount of spousal support granted to the receiving spouse. The court will also look at the couple’s standard of living during the marriage, so that the receiving spouse can have a similar standard after the divorce.
Spousal support disputes
Several types of disputes can arise over spousal support. The most common issue is regarding the amount of support. Specifically, the spouses may disagree about how their income was calculated or how the court determined their future earning ability.
Similarly, if one spouse claims that they are unemployed or is purposely underemployed to avoid paying spousal support, that can cause a dispute between the parties.
The paying spouse may also disagree with how long they are ordered to pay support. Also, if the paying spouse does not meet their support obligations, the receiving spouse may have to go to court to enforce the order.
Spousal support amounts can be modified if the parties have a change in circumstances, like a job loss, retirement or an increase in income.
