Alimony or spousal support is not a part of every divorce. Each state has its own laws as well as its own factors for calculating alimony, if any.
The judge has two tasks regarding alimony: (1) determining whether a spouse has a need for support in the first place, and (2) deciding on the amount of that support. The following are the most influential variables that the court will likely weigh in any case:
- The length of the marriage
- The ability of each spouse to work
- The ability of the spouse to pay alimony.
- The age and physical and emotional health of each party
- The standard of living established in the marriage and the likelihood that each party can maintain a comparable standard
- Parental responsibilities (the primary caregiver may find it hard to pursue an outside career)
- The financial and non-financial contributions to the marriage by each party
- The needs of each party
- Vocational skills, earning capacities, educational levels, and employability of the parties
- Liabilities of each party
- The contribution of each to the marriage and the family
Also be aware that in states that allow fault divorces, fault for the breakdown of the marriage (in the form of domestic violence, desertion, drug abuse, or adultery, for example) can be considered when calculating the award. So if you show that your ex has taken up drugs, resulting in depleted marital assets, a judge may likely factor that into his or her decision. It is not enough to show that your ex was a "bad person" or "bad spouse".
Although the above list represents the most common factors, there is no guarantee that anyone will receive the support amount that he or she wants. The objective is to demonstrate need to the satisfaction of the court.
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