Approximately between 40% and 50% of all first-time marriages in the United States end up in the divorce courts. When this occurs, it is likely someone will end up paying alimony. The type of alimony and the amount will differ according to the state statute applicable. These vary as only some states (including Kansas, Kentucky, Massachusetts and Texas) have specific mathematical alimony guidelines to direct the amounts allotted. The amount will also differ in accordance with whether the state has in place fault or no fault divorce.
General Alimony Guidelines
No matter what statutes exist, there are general alimony guidelines in place across the United States. A court will look at these factors in order to determine whether a party receives alimony.
- The standard of living of the couple during the marriage
- The actual duration of the marriage - In the United States, any marriage dissolved before 5 years will generally not result in an award of alimony. In Delaware, the period is not less than 10 years
- The age of the parties
- The health (physical and emotional) of each party
- The non-marital, marital and liabilities financial resources of each person
- In some instances, alimony is awarded to help either party to acquire enough training and/or education to achieve employable status
- The contribution by each person to the marriage - This includes such things as domestic services e.g. child care and homemaking, as well as education and career building help
- All sources of income that is available to each individual
Other Possible Alimony Guidelines
Whether a court may or may not grant alimony may also rely on other aspects of the situation between the individuals and/or the reason for the divorce. These are usually specified in state legislature i.e. statutes. Certain factors affecting the implementation of alimony and guiding its amounts include:
- Future financial prospects of either party
- Who is at fault - In Florida, for example, the court may look at adultery as a factor in determining who receives alimony and how much he or she may get
- State of union - some states do not recognize same-sex unions; others do not consider committed living-together or common-law marriages as bona fide marriages
- Type of alimony - periodic rehabilitative or periodic permanent will receive different sums than a lump-sum alimony payment
Contact A Lawyer
If you wish to know more about the alimony guidelines applicable to you and your state, contact a qualified divorce attorney. He or she can help guide you through to a successful conclusion.
