By: Anthony C. Adamopoulos, Divorce Mediator, Collaborative Divorce Attorney and Divorce Arbitrator
Alimony is based on: the need of the recipient, the payor’s ability to pay it and a cap on the amount to be paid.
To determine need, the judge must consider: marriage length; age and health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and other factors considered relevant and material.
For the payor’s ability to pay, the judge considers the above factors to see if the payor has money left over after providing for the payor’s need. If there is money left over, the judge will generally award alimony to be the lesser of the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes.
In Collaborative Divorce and Mediation, the parties have more leeway in setting alimony.
© 2019 Anthony C. Adamopoulos
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