Law

How Is Alimony Decided In A Divorce?

Alimony is generally awarded to the spouse who earns less to maintain the standard of living enjoyed while living together. The judge will look through the vast array of factors while determining how much money should be awarded in the divorce. In some cases, where it becomes impossible to decide on the standard living of marriage, the judge will lookout for other ways to ensure the financial pain is not experienced by only one spouse. A divorce lawyer Wisconsin can determine if a spouse is entitled to spousal support and help file for alimony.

How is alimony decided in a divorce?

Certain factors help determine the judge for alimony support to a spouse.

  1. The amount each party earns each month
  2. The length of the marriage
  3. If the alimony is enough for the receiving party to maintain a lifestyle close to what the couple had before the divorce.
  4. The age of each spouse
  5. The expenses each party will incur
  6. Contributions that are made during marriage by both the parties.
  7. The earning capacity of each party
  8. The financial situation of each party

The judge will also determine how long the alimony should last. The length of alimony is not the same for every case. For example, suppose there are any changes in your financial circumstances. In that case, the alimony of the receiving party will also change when you file a petition for modification in court. 

When you ask for alimony support, the court will look through your current income–or are you earning enough to live on, i.e., your ability to earn. If you are underemployed or have been out of the workplace for a long time, the court will likely award you support until you become independent. However, you have to prove that you are at least doing or learning something to earn in the future, such as taking classes or vocational education. Sometimes, the judge will order a vocational evaluator to evaluate your potential and qualifications and estimate how much you can earn in the future. 

Until you are rich, you will get to know how hard it is to maintain the same standards of living that you enjoyed while being married. It is true now that divorced parents share custody of their children and keep a separate bedroom for the kids in their own homes.

So adjustments are necessary for former spouses after divorce. It also means that if you are the one who is paying support, the judge can decide that you can earn more than you are earning right now. 

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