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How does the Court determine alimony? Alimony may be ordered to be paid by one party for the support of the other when the parties are living separately. Alimony is never guaranteed as the Court has broad discretion to determine whether alimony is appropriate. Generally, alimony is intended to be rehabilitative and to help a party that is unemployed, or underemployed, return to becoming self-supportive. Often, parties that are not working at the time of the divorce will be expected to obtain employment. If the Court awards alimony, it is granted in accordance with the needs of the party claiming a right to alimony and the other spouse’s ability to pay. In determining the amount of alimony, the Court considers:
· The standard of living established during the marriage
· The length of the marriage
· The age and the physical and emotional condition of both parties
· The assets of each party
· The time needed for one party to acquire education or training to reenter the workforce
· Contributions of each party to homemaking, childcare, and career building of other party
· Financial condition of the parties, including the separate estate, earning capacity, fixed liabilities, and such other factors that may be equitable and proper
There are certain facts that may offer a defense to the payment of alimony; for example, if the party requesting alimony has been abusive or unfaithful during the course of the marriage. Whether you are involved in a messy divorce, or a peaceful separation, Harris Divorce & Family Law is ready and available to help you every step of the way. Every case and client are very important to us. We work diligently to create an effective plan of action and to reach the desired outcome. With more than 30 years of collective experience, our firm comes highly recommended from our long list of satisfied clients. Our attorneys' extensive knowledge and experience can give you peace of mind as we work to achieve a favorable outcome on your behalf. Call our office to schedule an appointment to discuss the details of your case.
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