How Does Alimony Work?
If you are divorcing or legally separating from your spouse, you may need to be pay what is referred to in the United States as ‘alimony’ Alimony, or ‘maintenance’ as it is called in England and some other countries, is a concept that actually dates back to ancient times. In the Babylonian law code ‘The Code of Hammurabi’ written circa 1754 BC, a declaration was made that a man must provide ‘sustenance’ to any woman who had born him children in order that she would be able to properly raise them. For centuries, the idea that men should pay alimony to their former wives, especially if the marriage produced children, has persevered. Though alimony still typically is paid by the man to the woman, with the rise of equality between the genders, men have spent the past four decades or more fighting for alimony from their former wives, and many these days are receiving it. Alimony is a legal obligation for one spouse to provide money to the other in cases of divorce and even legal separation. In many cases in our current society, the marriage does not even have to have produced children. Following is further information about how alimony works from family law attorneys in NJ.
Factors That Decide Alimony
Who will pay alimony and who will receive it is determined by the courts according to a number of factors, including each spouse’s ability to pay as well as each spouse’s earning potential. Other factors include the standard of living each spouse was used to during the marriage, and length of the marriage.
Ability to Pay
The primary consideration when determining which spouse will pay alimony and which spouse will receive it is ability to pay. Courts look at each spouse’s gross income deducting obligatory deductions (taxes and other required government deductions such as Social Security) to ascertain each spouse’s net income. For example, if John has a gross income of $5,000 per month and mandatory government deductions reduce that by $1,000 per month, his net income from which determined amount of alimony will be paid is $4,000. Other debts such as loans and car payment are not considered because the courts see marital obligations as a higher priority.
Factors That Decide Alimony
Who will pay alimony and who will receive it is determined by the courts according to a number of factors, including each spouse’s ability to pay as well as each spouse’s earning potential. Other factors include the standard of living each spouse was used to during the marriage, and length of the marriage.
Ability to Pay
The primary consideration when determining which spouse will pay alimony and which spouse will receive it is ability to pay. Courts look at each spouse’s gross income deducting obligatory deductions (taxes and other required government deductions such as Social Security) to ascertain each spouse’s net income. For example, if John has a gross income of $5,000 per month and mandatory government deductions reduce that by $1,000 per month, his net income from which determined amount of alimony will be paid is $4,000. Other debts such as loans and car payment are not considered because the courts see marital obligations as a higher priority.
Earning Potential
Another very important factor that determines alimony is each spouse’s ability to earn. It’s important to know that your earning potential will not just include how much you are currently making, but how much the courts believe you should be making. If you’re a person who has earned a post-graduate degree that typically brings a high rate of pay, the court likely will decide you can be making a high wage regardless if you are making a high wage. For instance, if you are trained as a medical doctor and your previous yearly income was $200,000, the court probably will decree that you are able to make that much now even if you are currently earning much less. Alimony often is decided by a spouse’s earning potential rather than his or her actual earnings. However, sometimes neither spouse is awarded alimony if it’s determined that both have high or equal earning potential, with both capable of being self-supportive.
Standard of Living
Courts typically consider the standard of living spouses became accustomed to during the marriage. For example, if only one spouse was earning an income throughout the marriage, it is unlikely that the other spouse could keep up the same standard of living after divorce.
Length of The Marriage
Marriages of short duration, especially those that produced no children, rarely yield alimony for either spouse. However, if a marriage did not last long but produced one child or more, alimony may be set for the spouse who gains custody.
Alimony often is determined by who supported whom for the largest duration of the marriage. If a divorcing wife supported her husband for the larger part of the marriage, it is likely that the husband will continue to receive spousal support upon divorce. If you’re considering divorce or even legal separation, it’s important that you gain as much knowledge as possible before taking that final step. For best results, contact a top family law attorney near you for a consultation.
Another very important factor that determines alimony is each spouse’s ability to earn. It’s important to know that your earning potential will not just include how much you are currently making, but how much the courts believe you should be making. If you’re a person who has earned a post-graduate degree that typically brings a high rate of pay, the court likely will decide you can be making a high wage regardless if you are making a high wage. For instance, if you are trained as a medical doctor and your previous yearly income was $200,000, the court probably will decree that you are able to make that much now even if you are currently earning much less. Alimony often is decided by a spouse’s earning potential rather than his or her actual earnings. However, sometimes neither spouse is awarded alimony if it’s determined that both have high or equal earning potential, with both capable of being self-supportive.
Standard of Living
Courts typically consider the standard of living spouses became accustomed to during the marriage. For example, if only one spouse was earning an income throughout the marriage, it is unlikely that the other spouse could keep up the same standard of living after divorce.
Length of The Marriage
Marriages of short duration, especially those that produced no children, rarely yield alimony for either spouse. However, if a marriage did not last long but produced one child or more, alimony may be set for the spouse who gains custody.
Alimony often is determined by who supported whom for the largest duration of the marriage. If a divorcing wife supported her husband for the larger part of the marriage, it is likely that the husband will continue to receive spousal support upon divorce. If you’re considering divorce or even legal separation, it’s important that you gain as much knowledge as possible before taking that final step. For best results, contact a top family law attorney near you for a consultation.