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Factors to determine alimony awards:
The amount of an alimony award is determined by 12 factors:
1. Ability to work and be self-supporting: Whether the spouse seeking alimony has the ability to support him or herself. This factor is used to determine whether the spouse seeking alimony has the ability to work and the duration of the alimony payments.
2. Level of Education/Training of the Parties: The time needed and cost for the party seeking alimony to obtain the proper education or training to secure employment. In determining an alimony award, a court will look at reasons why training or education for a spouse seeking alimony may take longer than expected
3. Standard of Living of the Parties during the marriage: The parties’ standard of living during marriage. If the relative standard of living between the spouses is dramatically different such that the life of one spouse would be more economically difficult than the other’s, alimony would be awarded to that economically dependent spouse
4. Duration of Marriage: The length of time the couple was married. The time of marriage is usually measured until the time for divorce. A short marriage does not bar alimony payments while a long one does not guarantee it.
5. Monetary/Non-Monetary contribution to the marriage by the Parties: The relative monetary and non-monetary contributions of each spouse to the family’s well-being. Monetary contributions to the family is income. Non-monetary contributions are the contributions made by a homemaker or one spouse’s contributions to the economic success and increase in reputation of the other.
6. Reason for the Dissolution of the Marriage: The reason(s) for the couples’ break-up. The circumstances surrounding the hostility between the couple is not controlling, but by looking at the conduct of both parties, it is factored into the alimony award amount.
7. Age of the Parties: The age of each party. Divorces between older couples will likely lead to awarding permanent alimony to the economically dependent spouse.
8. Health of the Parties: The parties’ physical and mental condition. Like age, the extent of the economically dependent spouse’s health problems is also a factor that goes into determining the award for permanent alimony.
9. Financial ability to pay alimony: The ability of the spouse providing alimony to meet their needs in addition to the needs of the spouse seeking alimony. This factor generally relates to the earning ability of the spouse from whom the alimony is sought. The amount used to determine the economic independence of each spouse includes pensions, eventhough it is income still not yet received and the other spouse has been awarded a share of the pension as part of a monetary award. An important element of this factor is whether the provider or recipient of alimony has engaged in “voluntary impoverishment.”
The bar against voluntary impoverishment prevents a spouse from purposefully lowering his or her income in order to avoid or reduce alimony payments. Alternatively, it also prevents a spouse from reducing his or her income in order to obtain a higher alimony payment. A spouse who engages in such conduct will be required to pay or receive alimony based on their earning potential.
There are five factors used to determine whether a person has voluntarily impoverished himself or herself:
(a) Physical and Mental condition
(b) Educational background
(c) Work history
(d) Efforts to find and retain employment, and
(e) The conditions of the job market
10. Any agreement made between the Parties: Any agreements made between the parties. If the parties have made a prior, final agreement regarding alimony, that agreement will become binding on the couple.
11.Financial need to receive alimony: The financial needs and resources of each party including
(a) all income and assets, including property that does not produce income
(b) any monetary or use and possession awards (see below)
(c) the nature and amount of financial obligations of each party
(d) the receipt of retirement benefits
12.Whether alimony payments would cause an early request/receipt of government assistance: Whether the award would cause an institutionalized spouse from whom alimony is sought to need medical assistance sooner than expected. In general, a spouse who is institutionalized will not be required to pay alimony.
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