how is alimony determined -legal -lawyer -attorney

Basically, in setting the amount of alimony to be paid, courts look at:

• how much money each person could reasonably earn every month
• what the reasonable expenses are going to be for each of them, and
• whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they ...

What factors are considered when determining alimony?

When determining alimony, a judge will consider the earnings, the potential earnings, and any shared property or children. Other factors, such as age, physical health, and mental health are also important. The length of the marriage will also be considered. Duration of payment is also determined by a judge.

How does the court determine an award of alimony?

• The length of the marriage.
• The standard of living that both parties were accustomed to during the marriage.
• The age and health of the parties.
• The future employment expectations of both parties.
• The extent to which one party reduced their income or career opportunities for the benefit of the party or the family.

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How do courts determine alimony?

• the marital standard of living
• the duration of the marriage
• each spouse’s age, employment history, earning ability, and physical and emotional health
• the paying spouse’s ability to meet the financial needs of both spouses while providing support

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What percentage of income should be paid in alimony?

Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally not be more than the receiving spouse’s need or 30–35 percent of the difference between the parties' gross incomes established at the time the order is issued.

How to determine alimony amount?

Basically, in setting the amount of alimony to be paid, courts look at: 1 how much money each person could reasonably earn every month 2 what the reasonable expenses are going to be for each of them, and 3 whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they split—known in divorce law as "the standard of living established during the marriage."

What does the judge consider when setting alimony?

In many states, the law specifies that in setting alimony, the judge should consider how much support it would take each party "to maintain the standard of living established during the marriage.". This can raise questions about how a court should set and evaluate a particular standard within the "standard of living.".

What happens if there isn't enough money in divorce?

As is frequently the case, if there isn't enough money to make it possible for the parties to reestablish something close to their marital standard of living, then most judges will look for a way to make the divorcing parties share the financial pain equally. Example: Here's how the math works out in a typical alimony case.

What is a witness when a person changes jobs?

Sometimes a psychologist is called as a witness to back up the need for the change.

Is alimony a piece of cake?

In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake. Every state has a law dictating what factors must be considered in setting alimony. (See the Alimony Laws page for specifics on the law controlling your situation.)

Is alimony based on income?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as imputing income for support.

What is alimony?

In simple terms, alimony is a payment that one former spouse makes to another during divorce or separation. In some cases, alimony is temporary throughout separation proceedings, whereas other people will qualify for permanent alimony depending upon alimony laws.

How does alimony work?

People often ask questions such as, “How does alimony work?” and, “When does alimony start?” Alimony is awarded as a part of pending divorce or separation.

Is alimony taxable?

While alimony has historically been taxable, recent laws have changed this. For the alimony payer, alimony payments are no longer tax-deductible as of 2017.

Divorce alimony rules

The reality is that divorce alimony rules vary from state to state. In general, a judge determines the alimony percentage that will be awarded. One of the main divorce alimony rules is that a person receiving or requesting alimony must demonstrate that they have a financial need.

How is alimony calculated?

Each state has its own alimony laws, so there is no standard calculation that can answer, “How much is alimony?” Some couples may come to an agreement on alimony, but if they cannot, a judge will determine the alimony amount that is awarded.

What is the difference between alimony and spousal support?

While people often wonder about the difference between alimony vs. spousal support, in actuality, these two terms describe the same thing. It is becoming more common for people to use the term “spousal support” when describing alimony, although the two terms are interchangeable.

How long do you have to be married to get alimony?

There is no exact answer for how long a couple has to be married for one spouse to have to pay alimony to the other.

How to determine alimony amount?

Judges look at a few different factors to decide whether and how much alimony to award: 1 How long the marriage was 2 How old the parties are 3 The parties’ health 4 Both parties’ income, employment, and employability, including whether they could be employable with reasonable effort and more training, if necessary 5 Both parties’ economic and non-economic contribution to the marriage 6 The parties’ way of life during the marriage 7 Each person’s ability to continue the way of life they had during the marriage 8 Lost economic opportunity because of the marriage 9 Other factors the court thinks are relevant

What happens if a spouse pays alimony?

If the spouse who’s paying alimony remarries, a judge who’s deciding whether to increase the alimony will not consider the new spouse’s income.

What income does the court not count?

Income the court won’t count includes: Capital gains income and dividend and interest income which come from assets you have already fairly divided. Gross income a judge used or is using for a child support order.

Can you live together before divorce?

Living together for a long time before getting married and sharing money during that time, or living apart before the divorce for a long time. The court may consider these when determining the length of the marriage. If a spouse isn’t able to support themself because the ex-spouse physically or mentally abused them.

How Does Alimony Work?

• In North Carolina, there are two types of spousal maintenance: post-separation support and alimony that is awarded after the divorce has been finalized. Alimony can be decided between the parties outside of court, or if the parties cannot reach an agreement, a judge can determine the outcome. There are several different options spouses can consider...

See more on twifordlaw.com

Post-Separation Support in North Carolina

Factors in Determining Award of Spousal Support

Requesting An Alimony Award

Spousal Maintenance Modifications