What is alimony based on

There is an extensive list of factors when determining if alimony should be awarded such as:

  • He financial needs of the party requesting alimony
  • The payor’s ability to pay
  • The lifestyle the couple enjoyed during the marriage
  • What each party is able to earn, including what they actually earn as well as their earning capacity
  • The length of the marriage
  • Children

The party who is obliged to pay alimony will, in most cases, be required to pay a specified amount every month for a period that will be specified in the couple’s judgment of divorce or settlement agreement. Payment of alimony however, does not have to happen for an indefinite period of time. There are instances in which the obliged party can stop paying alimony. Alimony payment can cease in case of the following occurrences:

  • The recipient remarries
  • The children reach the age of maturity
  • A court decides that after a reasonable amount of time, the recipient has not made a satisfactory effort to become self-supporting.
  • The payor retires, whereafter a judge may decide to modify the amount of alimony to be paid,
  • The death of either party.

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