Alimony
An alimony award (or “spousal support”) is very important to both parties. The spouse who makes less money wants to know whether he or she is going to receive enough alimony to cover current or future expenses. The spouse who makes more money typically wants to pay as little alimony as possible.
Determining Alimony
It is not possible to predict with perfect accuracy the amount or duration of a court’s alimony award in a given case – if the court awards alimony at all. There are some guidelines, however, that courts apply when making alimony determinations:
Standard of living
The court will generally attempt to make an alimony award that allows the non-paying spouse to maintain the same standard of living enjoyed at the time of the parties’ separation, if the higher earning spouse has excess income to accomplish this.
Earning Potential of Both Parties
The court must consider the needs and earning capacity of the lower earning spouse; the ability of the obligor spouse to provide support (i.e. income minus expenses).
Length of Marriage & Homemaker Contributions
The court will take into consideration the number of years a couple has been married and length of time one party functioned as a homemaker and/or stay-at-home parent.
Debts and Obligations
If neither party has enough resources to meet their own needs (their expenses exceed their income), the court may craft an alimony award that equalizes the parties’ respective deficits.
Let Millar Legal Advocate for You
Hiring a family law attorney gives you the best opportunity to know how much alimony, if any, is appropriate for your case. Please call Millar Legal today at (801) 424-5280 and allow us to be your advocate through this process. Let us help you avoid the pitfalls that could cause you years of pain and financial distress.