how is alimony determined -legal -lawyer -attorney

by Mr. Newton Reynolds MD 5 min read

In order to determine alimony payments, the court will examine the following factors:

  • The length of the marriage
  • The age and health of each spouse
  • The earning capacity of each spouse
  • The needs of the dependent spouse
  • The independent spouse’s ability to support the dependent spouse
  • If the dependent party had a significant absence from the job market
  • Equitable distribution of property
  • Each spouse’s responsibility for any children they have

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Full Answer

What factors are considered when determining alimony?

Jan 05, 2022 · Alimony, also called spousal support, is an important issue to resolve during any divorce. For that reason, it is helpful for divorcing couples to understand how the divorce court will go about determining alimony during their divorce and to be prepared to navigate a request for alimony. How is alimony determined? The factors used to

How does the court determine an award of alimony?

Jun 02, 2017 · This is why it is not uncommon for the courts to award spousal support or alimony to a spouse who had stayed at home during the marriage, either to care for the house or for children from the marriage. The purpose of alimony is two-fold. First, its purpose is to try to come close to maintaining a spouse’s previous lifestyle.

How do courts determine alimony?

May 19, 2020 · Hawaii in particular has strict alimony laws, When you and your spouse decide to divorce, one subject that may be contentious is how much alimony you will pay. Hawaii in particular has strict alimony laws, which can be confusing for someone who. Schedule Your Consultation: 808-377-4030. Home; About;

What percentage of income should be paid in alimony?

Sep 05, 2020 · If you recently divorced your spouse, the amount of alimony you need to pay may be a serious worry for you. In the state of Oklahoma, many lifestyle and income factors go into this calculation. Types According to FindLaw, there are two kinds of alimony. Rehabilitative alimony, which includes short-term payments, and permanent alimony, which

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What Is Alimony?

Alimony or maintenance in Missouri is a court-ordered provision of financial support that one spouse (often the higher-earning spouse) may be required to pay the other spouse. The duration and amount of spousal support required vary from case to case. It is up to the presiding judge to determine whether or not spousal support should be granted.

Eligibility for Missouri Spousal Support

According to Missouri Revised Statutes 452.335, 452.075, 452.370, the following circumstances will be considered to determine whether you are eligible for alimony in divorce proceedings:

Determination of Maintenance in Missouri

If the spouse seeking maintenance is eligible to receive support, the amount and duration of alimony to be awarded is determined by the following factors:

Types of Spousal Support Missouri Courts May Award

Courts in Missouri may order the higher-earning spouse to pay temporary, periodic, or permanent alimony. Sometimes, spouses may be ordered to pay a combination of any of these types of spousal support. The decision on the type of alimony to be awarded d epends on, among many factors, the financial need of the requesting spouse.

Paying Alimony in Missouri

In most cases, judges will order that divorce maintenance payments be paid periodically, usually monthly, through an income withholding order that comes with the award. With income withholding orders, the obligor’s employer automatically withholds the spousal maintenance from the employee’s paycheck and remits it directly to the supported spouse.

Delayed Alimony Payments

Sometimes, you might have trouble getting your ex-spouse to pay spousal support as ordered by the court. As such, you can seek the intervention of the court by filing a motion to enforce the alimony judgment. After filing the motion, the court will schedule a hearing, and your ex-spouse is required to attend.

Potential Changes to Missouri Alimony Laws

Recently, there have been efforts by lawmakers to effect Missouri alimony reform. Specifically, Missouri lawmakers find a need to change alimony laws to ensure that time limits on support payments are specified. Essentially, these changes could help limit the amount of spousal support the requesting spouse could get after divorce.

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