Since the passing of the No Fault Divorce Act in 1969, American courts have had to reconsider the need for alimony and retroactive child support. Child support has been calculated by a formula that takes into account gross monthly income and how many children are involved. However, the decision of whether or not to award alimony to a divorcing spouse can be more complicated than simply calculating how much money each person brings home and dividing it evenly. Therefore, it is essential to have a divorce lawyer Andover to ensure you get alimony in your case.
Let us now look at some important factors used to determine alimony in Andover.
- The length of the marriage
In the state of Andover, when a married couple divorces, the length of the marriage is an important factor when determining alimony. It is believed that a couple who has been married for a long time may have a harder time adapting to life in a single-parent household after a divorce than a couple who has been married for a shorter period of time. For example, if the marriage had lasted at least ten years, the court may award alimony payments for up to half the length of the marriage.
- The conduct of both parties during the marriage
The law is designed to deter divorce by maintaining the family’s economic stability. One of the most important factors in awarding alimony is the conduct of both parties during the marriage. Therefore, when determining how to handle alimony, courts must take into account both parties’ conduct during the marriage. Actions like adultery and lack of cooperation in the relationship can make it difficult for one spouse to get alimony.
- The job and monthly earning capacity of both parties
One of the main factors that the courts look at is the monthly earning capacity of both parties. If one party makes significantly more than the other, it’s likely that they will have to pay alimony to the other for between 25% and 50%. However, this determination will depend on a number of other factors, including how long they were married and if there are any children.
- Estate, liabilities, and needs of both parties
When determining alimony, the judge considers all the needs of both parties and any liabilities. This includes their current estate, future estate, and future liabilities. Alimony is one of the most important factors in divorce cases in Andover.
