Determining the Amount and Duration

Divorce is a difficult process with many decisions that need to be made, many of which are financial. One of those financial decisions is whether or not a spouse is a financial dependent who is in need of monetary support. Once it has been decided that a spouse is a dependent, it is then time to figure out how much that support will be and for how long it will last. Each state has its own regulations that it adheres to in determining the amount and durations of spousal support. The court is given discretion when it comes to applying the alimony laws to each individual case.

The judge will take many things into consideration when making a ruling on a case. To determine both the amount and the duration of spousal support the court will consider how much each spouse makes, the physical and mental state of both of them, what the cost of living was during the couple's marriage, if the spouse requesting support is able to eventually support themselves or is furthering their education, if there was a prior legal agreement on the issue, and how long the marriage lasted for.

To consider the amount awarded the judge needs to look at how much the spouse paying makes. If they do not make enough to support them both individually at the standard of living they were accustomed to as a couple, the judge will most likely not order them to pay that amount in alimony. The higher the income of the spouse, the more they will pay in alimony.

Duration is also influenced by many areas and will either be awarded as a temporary support, permanent or in a lump sum given at once. If the court believes that a dependent spouse should receive permanent support, it will be given on a weekly or monthly basis. Since all divorce cases are different a judge must be able to objectively consider all factors to determine a fair time period and amount of money for spousal support to last. It's important to have an attorney present who can help ensure a fair verdict is given.

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