How is alimony determined?
Alimony can be determined and agreed upon by the spouses when working on the terms of the divorce. The details relating to alimony (e.g., who pays, how much, for how long) can be included in the written agreement prepared by your attorney. However, if an agreement cannot be reached by the parties, the court can make a fair determination based on legal argument and testimony from both parties. The general rule of court is to make the dependent spouse the alimony recipient. When determining alimony the court considers factors deemed relevant, such as: • Age of both spouses • Assets, liabilities, and debts • Behavioral factors (e.g., abandonment, reckless spending, excessive use of alcohol or drugs, cruel treatment, willful failure to provide food and shelter, indignities, illicit sexual behavior) • Contribution of a spouse as a homemaker • Duration of the marriage • Income—both actual and capacity to earn, dividends, and benefits (e.g., medical, insurance, retirement, social security) •
