Alimony / Spousal Support

The obligation of one spouse to support the other for a temporary or permanent basis is decided on a case-by-case basis as agreed by the parties or by the courts order.

If the parties cannot agree the court will consider the following factors in making a support order: 1) the marital misconduct of either spouse, 2) earning capacities of the spouses, 3) the ages and physical, mental, and emotional condition of both spouses, 4) the amount and sources of earned and unearned income of both spouses and benefits such as medical insurance and retirement income including social security, 5) the duration of the marriage, 6) the contribution of one spouse to the others education or training, 7) the extent to which the earning power, expenses or financial obligations of one spouse will be affected by being the custodian of minor children, (8) the standard of living of the spouses during the marriage, 9) the relative education of the spouses and time required to acquire sufficient education or training to enable the spouse seeking alimony to find employment, 10) the relative assets and liabilities of the spouses, 12) the contribution of a spouse as homemaker, 13) the relative needs of the spouses, 14) the tax ramifications of the alimony award, 15) any factor relating to the economic circumstances of the parties that the court finds just and proper, 16) the fact that income was considered in the court’s equitable distribution of property order.

The court may order the spouse ordered to pay alimony or post separation to pay for reasonable counsel fees for the benefit of dependent spouse.