Determination of Alimony

If you are wondering if you will be required to pay your spouse alimony, the most important questions are the length of your marriage and how disparate your income levels are. The court will also consider the age and health of the parties and their ability to support themselves.

The ultimate purpose of alimony is to level the playing field post divorce in long term marriages. In determining whether alimony should be awarded, the Court will first determine whether your marriage was a short term marriage or long term marriage, or a grey area marriage. While there is no bright line rule, marriages of fifteen years or more are considered long term and there is a presumption of alimony.

It should also be noted that there are multiple types of alimony including rehabilitative alimony, permanent periodic alimony, and temporary alimony. The ultimate purpose of alimony is to ensure that both parties are able to provide for themselves post-separation.