Divorce is a difficult time for all parties involved. Whether it’s the stress of that inevitable break-up or the bitter fighting over how to divide everything, alimony is often thought of as unfair and illogical. But while alimony can be highly contentious and lead to many things, it is not always predetermined. A Milwaukee divorce attorney can help you determine exactly what factors will be considered when your family court is deciding how much alimony your spouse should get.
Below are some of the top factors considered when deciding alimony:
- Length of the marriage
The longer you have been married, the more likely you are to receive alimony. In fact, the logic here is that if you were married for a long-time, then that usually means your ex-spouse was helping you out financially. Through this time he or she may have developed certain habits or traits that would make it difficult for them or her to get a job without your help. However, the length of the marriage is only one of several factors considered when determining how much alimony someone should get, but it can be an impactful one nonetheless.
- Age and physical and emotional health of both parties
If you are older and sick or disabled, the court may award alimony to you if it believes that it will help your situation. On the flip side, if you are younger and healthy, then your chances of getting alimony reduces. It all depends on the situation.
- Property division
If the divorce was mutual, then it is likely that neither party will get alimony. However, if one of you agreed to give up a larger share of the property and assets than the other, then alimony could be available. If there was a significant imbalance in property and assets (i.e., one of you makes significantly more money than the other), then your alimony may be awarded based on that discrepancy.
- Earning capacity of the candidate demanding alimony
If you make a very high income, you may be less likely to receive alimony. But, if your current job does not reflect the kind of income that you can truly earn, then alimony may be awarded to help you reach your earning potential.
- Any mutual agreements made at the time of marriage
If there were agreements made that may have influenced the current divorce, then the court will take that into consideration. One example of this would be if one of you agreed to provide financial support to the other in the event that they got a divorce.