Are you going
through a divorce? Many aspects of your life will change during this
difficult transition. And for many people, one of the biggest
adjustments is their finances. If you were part of a two-income
family or relied on your spouse to provide for the family, you have
lost not only a partner but also necessary income.
The provision of
alimony is designed to help make up for this loss in a very practical
way. But how do you know how much alimony to ask for? What is
reasonable, what is necessary, and what is possible? Here are a few
factors to consider.
Alimony
Calculators
A handful of
states (such as California, Florida, and Arizona) provide online
calculators that weigh various factors in order to come up with a
guideline for alimony support. Judges in these states may be
obligated to follow such guidelines.
If you don't live
in one of these states, such calculators can still provide valuable
information - giving you an idea of what to include when coming up
with your own alimony request.
Earnings and
Education
The ability of
both spouses to earn an income in the future is key to the court's
decision about how much one must pay. If you spent decades staying
home and raising children, your skills and career may be seriously
stunted and mean less income if you return to the workforce.
Even if there
were no kids involved, many spouses have made other income sacrifices
over the years - including working to support or promote the other
spouse's career, maintaining the home, or supporting a spouse going
through college. If your career is unlikely to get back on the same
trajectory, more support would be appropriate.
In addition to
the recipient's earnings history and potential, judges also take into
consideration the ex-spouse's earning potential. If you married a
humble law student who has now become a powerful attorney, he or she
is likely to continue to earn significant wages. A judge will likely
agree that you should reap some piece of that financial pie.
Length of
Marriage
The longer your
marriage was, the more likely you are to receive an alimony order and
the higher it's likely to be. Generally, it's agreed that a spouse
who was invested in and made sacrifices for a lengthy marriage should
be compensated for it.
On the other
hand, a couple who have only been together for a year or two are
considered to be less invested in the relationship. There are also
fewer significant sacrifices to point to that would have affected
your earning potential. Even if you left school to move with a spouse
to another state, you may still be able to reasonably return to your
old path without great loss.
Obstacles to
Employment
Education and job
history aren't the only factors that can affect your future income.
Middle-aged and older divorcees often have difficulty finding new
jobs or being promoted due to age discrimination. Similarly, physical
limitations and your health (both current and future) are determining
factors.
If you were
trained as a roofer, for example, but now cannot physically spend all
day climbing on roofs at the age of 60, you probably won't be
expected to rely on that income. If, though, you would be able to
transition to a less demanding (but equally lucrative) career if
given time to pursue the right education, you may receive alimony for
a set number of years instead.
How will all
these factors affect your own alimony request? There is no cut and
dried answer to alimony questions. It does indeed depend on each case
and is often left up to the judge's discretion. But by understanding
how to properly value your and your spouse's income situation, you
can choose the right number and boost your chances of getting it.
Attorney Allen
Brandon Tise, PLLC
can help you through this challenging
process. Call us today to make an appointment with our experienced
legal team.
Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
Areas we serve: Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Hampstead, Burgaw, Surf City, Landfall, Porters Neck and Wrightsboro