Alimony

Alimony may be awarded to either spouse on a temporary or permanent basis. Alimony is not automatically awarded if your spouse has committed adultery.  However, alimony is barred where it is proven that the spouse seeking alimony has committed adultery.

In determining whether alimony is appropriate and if so how much is appropriate, the court looks to two factors: (1) the needs of the party seeking alimony and (2) the ability of the other party to pay.  More specifically, courts evaluate the following factors:

  • The standard of living established during the marriage
  • The duration of the marriage
  • The age and condition (both physical and emotional) of the parties
  • The financial resources of the parties
  • The time necessary for either party to gain sufficient education or training to enable him or her to find appropriate employment
  • The contribution each party made to the marriage, including services given in homemaking, child care, education, and career building of the other party
  • The financial condition of the parties, including the value of the separate estates, the parties’ earning capacity, and the parties liabilities

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    The court may also consider any other factors that it deems fair and appropriate. Alimony generally ends upon the remarriage of the party receiving alimony.