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What does a court consider when awarding alimony?

On Behalf of | Sep 26, 2020 | Divorce |

Alimony is a payment the court awards to one spouse and which the other spouse pays. The idea behind this is to provide a spouse who has the less stable financial situation after the divorce with financial support to allow him or her to become self-supporting.

The court does weigh every situation carefully to make sure there is a need for alimony. In doing so, it looks into specific factors that will give the court the ability to understand your financial situation and that of your former spouse.

Main factors

One of the most important factors the court will consider, according to the Montgomery County, MD Circuit Court, is whether there is a valid need for alimony or not. If the court does not feel one spouse is at a financial disadvantage, then it will not award alimony.

The other main factor is the ability of the person to pay the support. For example, if your former spouse wants alimony, the court will take a look into your financial situation, including your earnings, expenses and assets, to see if you could afford to pay support and still maintain your own lifestyle.

Other factors

The court will also look into your marriage. It will consider how long you were married and the general lifestyle you had during the marriage. It also considers any domestic abuse in your marriage.

It will consider each of your general situations, looking at your ages and health statuses. The court will consider your abilities to earn an income as well.

The court also will take your children into consideration and who provides them daily care.