Delaware Divorce Alimony
Since each of the American states follow different judicial laws, the litigation procedures for divorce and alimony also vary from one state to another. Generally, alimony is granted by considering the living standards of both the spouses in their post divorce period and the quality of life that they used to have during their marriage life. Based on the determinants like how needful is the spouse who is claiming the alimony and to what extent the other spouse is capable enough to pay the alimony, the court sanctions alimony. In spite of the existence of various determining factors, the Delaware divorce alimony remains largely under the control of the discretionary powers of the judge of the court of Delaware.
The following are the factors that are responsible for determining whether the alimony is to be ordered for payment or not.
The amount of alimony to be paid and for how long is also to be decided by the court. The factors that are generally taken into consideration while calculating the amount of alimony to be paid depends upon the following important factors.
- When the alimony seeking spouse is entirely dependant on the other spouse in terms of financial support while the other spouse is not entitled to pay any payments based on any official contract after the dissolution of marriage, the court of Delaware grants the payment of alimony.
- If the spouse who is claiming the alimony has no sufficient property assets that can support him or her during the post divorce period.
- Sometimes the child custodian awarded to the alimony receiving spouse can be a factor for determining alimony as the physical and mental health conditions of the child may not allow the alimony seeking spouse to get himself or herself employed for any job.
Apart from the above mentioned factors the court also considers various other factors based on which the judge can conclude whether the spouse asking for alimony is really in need of it. The degree of financial stability of the other spouse who is supposed to be paying the alimony is also considered by the court of Delaware while declaring the total amount and duration of the alimony.
- The property resources of both the spouse including marital assets as well as property possessed individually. It is also considered how far the spouse seeking alimony is financially stable enough to support oneself independently.
- The time required to acquire the necessary educational qualification or the skill required to make oneself eligible enough to get a job of good payment.
- The standard of living of both the spouses experienced before and after the divorce.
- The age, physical and emotional fitness of the spouse claiming alimony.
- The longevity of the married life of the two divorce seeking spouses.
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