A divorce not only calls for a separation of two individuals but a separated and secured future for both, which will not impact anyone’s future. Therefore one of the major concerns of a divorce is the economic aspect encompassing the distribution of assets, visitation, child custody and alimony.
Among all, the allocation of alimony is challenging to decide by the court in an instant. Several factors heavily affect the decision of the court. However, the client can receive proper knowledge of these factors from a Montgomery divorce attorney.
How Does The Judge Decide On Alimony?
Alimony generally refers to the payment made by the spouse in a better financial position than the ex-spouse who lacks financial security. This is decided by the judge and ordered by the court so that one can fulfil their necessities in some cases and as coverage on some asset distribution where division is impossible.
The judge is the supreme decision maker of the alimony after considering the following factors:
Age Of the Marriage
This refers to the total number of days between the marriage date of the client and the date a divorce complaint is filed. Generally, the length of the marriage affects the alimony allowance. If it’s a long marriage, then alimony will also increase.
In some exceptional cases, the kind of alimony might also impact the amount of time ordered by the judge. Moreover, if someone can prove in front of the court that they were living together before marriage, that can also eventually add up to the total months of marriage.
The Earnings Of Both The Spouses
The second factor that comes into consideration is the earnings of both spouses. The judge engages in an ‘attribution of income, which is the process of deciding the number of earnings of a spouse, including retirement payment, future earnings, benefits from insurance and inheritances.
The amount is calculated so that it is within the need of the ex-spouse or more than 30-35% of the difference between the gross incomes of the spouse.
Age And Health Of Both The Spouses
The age and medical conditions of both spouses are taken into account by the judge. Moreover, health conditions include mental, emotional and physical health.
While these are some of the most important factors that affect the judge’s decision, several other factors depend upon the client’s case. Seeking help from a divorce attorney can provide relevant information and ensure an equitable solution for both.