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Alimony Guidelines
Unfortunately, there are no written alimony guidelines to help you out. However, the family courts in different states take into consideration certain criteria, which can be taken as guidelines for alimony. |
Here are some of the criteria that the court looks at before deciding what the amount of alimony should be:
- The income of the both parties is looked at. If both parties earn the same amount, then the court will not grant alimony. The same is also true if the partner asking for alimony earns more than the other partner. This basically means that the court looks at the earning capacity of both parties before deciding on the alimony amount.
- The next criterion that the court checks is the property that one spouse owns. If one spouse has more property to his or her name, then he or she would have to pay alimony.
- The spouse who gets the custody of the children is the one who invariably gets the alimony. The children have to be from the marriage though.
- The duration of the marriage also makes a big difference. The longer a couple has been married, the higher the chances of the court awarding alimony.
- The other criterion that the court looks into is education. If one spouse pays for the other spouse's education while being married, then the spouse who paid would not have to pay alimony most probably.
- The standard of living is also viewed. Usually family courts want the separating or divorcing couple to maintain the same standard of living that they had previously. So, if one partner has the ability to maintain the standard, while the other does not, then the court will award alimony.
- Any prenuptial agreement signed by the couple before getting married will be considered by the court when granting alimony.
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Family Law :
How Are Alimony Payments Determined ?
Alimony payments exist not just in the US, but also in England and majority of the countries of the European Union. However, each country has its own law and requirement when it comes to making a decision on alimony payments. Several aspects are taken into consideration, and these include income, the duration of the marriage and the standard of living. More..
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