When you’re looking at alimony when compared to child custody cases, it’s much easier to determine the amount of alimony than who gets the custody of children. That’s because each state has a specific set of factors that will determine how much alimony needs to be paid out to the ex-spouse.
So, what are the factors? Among the most common are: how much each person could earn every month, what reasonable expenses look like, and if each person can follow the standard of living that was established in the marriage. We’ll go into these factors in much more detail in the following article.
So, whether you’re looking for an Ontario divorce lawyer or a lawyer in any other part of the world, be sure to educate yourself on alimony and what that process looks like. The more prepared you are, the more likely you’ll be able to be successful in the divorce proceedings.
- How Much Could Each Person Earn Every Month?
The first obvious factor that’s taken into account when looking at alimony is the reasonable amount that each person can earn every month. For example, let’s imagine that one spouse is going to earn a lot more money than the other because they already have an established career. The other spouse was going to college during the marriage in order to get started in a new career.
In a case like this, the spouse with a higher income will most likely have to pay out alimony until the other spouse’s career can get started and the income can start flowing in.
- What Are Their Reasonable Expenses Looking Like?
Another factor that’s taken into account when determining the alimony amount is what reasonable expenses will each spouse be expected to take on after the divorce. If one spouse is going to have tons of expenses now that they’re alone, then alimony will need to be paid by the other spouse. For example, one spouse may have been awarded the house thank to the divorce proceedings. However, there are a lot of expenses that come along with that house like mortgage payments and electricity bills.
In a case like that, the other spouse will most likely have to pay some kind of alimony until the spouse who took the house has enough income to pay these expenses.
- Will the Compensation Allow Each Person to Follow the Standard of Living Established in The Marriage?
In divorce law, there’s something called “the standard of living established during the marriage”. This basically is the quality of life that both spouses were living while they were married. This is a major factor when deciding the alimony amount. If the spouses are not able to live at the same level of life with each of their individual incomes, then that could be a problem down the road when unexpected expenses arise.
Judges will take this standard of living into account when determining how much alimony needs to be paid out. For example, if the two spouses were able to afford high quality food to put on the dinner table together, but after the divorce, one spouse can only afford to put processed and unhealthy food on the table, this would be where this factor comes into play.
The factors determining alimony are much less complicated than other cases like child custody. Alimony is largely based on the standard of living that was achieved during the marriage, the expenses that each spouse are responsible for, and the income they can be expected to bring in. If one spouse does not have enough income to support themselves, that’s when alimony will kick in.