Divorce Guide

Divorce Guide


Alimony Laws


The divorce alimony laws in United States differ from one state to the other. But in all the states the family court has the authority to take any decision regarding alimony. It is the court who is to decide if one spouse needs to get the alimony and the amount and type of the alimony as well. As per the law in many states you can not even deliver a prayer for alimony if the court does not order one.

According to the divorce alimony laws there are different types of alimony. In case of the permanent alimony the payer needs to pay the alimony throughout his or her lifetime or till the other spouse gets married or starts to live with another partner. The temporary alimony is given for a specific period of time as mentioned by the court. Then there are rehabilitative alimony that is given by one spouse to the other in order to make him or her capable for doing a job, it can be given for the expenses of education or any other form of training. The court can also order to pay the alimony as a one time lump sum payment. Then there is also the ‘pendente lite’ alimony that is given by one spouse to the other during the time of the divorce procedure.

As we have already mentioned that the court is the ultimate authority to decide which type of alimony should be ordered, there are some factors that are generally considered by the court to decide whether the alimony is to be paid or not and also the amount of money to be provided by the payer as alimony. Here are the points mentioned in alimony laws that are considered by the courts to decide on the amount of alimony.

Duration of the marriage – This is an instrumental factor for deciding whether the spouse should get alimony or not. Generally, the court orders alimony when the couple has spent a considerable amount of time together and one of them has taken care of the family and the children for a long period of time.

Educational qualification and experience – The qualification and past work experience of the person to get alimony is also considered by the court. If the person is qualified enough to get a job, then the court might order a temporary alimony until he or she finds a suitable job for living. Besides if the person is capable of joining a job and has the age to do so then the court might order a rehabilitative alimony that will help the person to get the training to get a job.

Earning capacity and requirement – The amount of alimony that is required by the recipient to live a decent life and the capacity of paying that alimony is unique for each couple. Therefore, the court takes a note of the earning capability and financial status of the couple while deciding on the amount of the alimony. While doing this calculation the extra income sources of the payer and the property and income from this property of the recipient is also taken into consideration.


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