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Legal Notes: About Alimony


Legal Notes: About Alimony


Divorce-101: Court Determines How Much, How Long to Pay Alimony for Former Spouse


By JOHN HARDING

4. Ability to pay.
The ability of the supporting party to pay, his or her earning capacity, earned and unearned income, assets and standard of living.

5. Each person's financial needs.
The needs of each party based on the marital standard of living.

6. The couple's overall financial picture.

The obligations and assets, including the separate property, of each party.

7. Can the other spouse find work?

The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.


8. Health and age of the couple.
The age and health of the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party where the court finds documented evidence of a history of domestic violence against the supported party by the supporting party.

9. Tax consequences.
The immediate and specific tax consequences to each party.

10. Hardships.
The balance of the hardships to each party.

11. How self-sufficient can a supported spouse be in time.
The goal that the supported party shall be self-supporting within a reasonable period of time.

12. Anything else?

Any other factors the court determines are just and equitable.

If the court’s jurisdiction is reserved, given a change of circumstances and good cause, one can ask for a review and modification of the support payments at any time. For example, spousal support can be modified in instances where the income of one of the former spouses has changed substantially. Monthly payments can be increased or decreased accordingly. In some states, like California, spousal support is a serious matter. Non-payment can result in the revocation of drivers, business, and professional licenses, fines, or even jail time. If you need information about the duration, amount and/or enforcement of spousal support obligations, consult an attorney.


John Harding is a family law attorney who practices in Northern California. His web site can be viewed at Hardinglaw.com. He can be reached a jharding@hardinglaw.com.




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