Navigating and understanding alimony payments

Do I Have to Pay My Spouse?: Understanding the 11 Factors for Managing Child Support

When considering a divorce, most people dread the thought of paying support to an ex-spouse after a divorce. Conversely, a spouse may fear the thought of not receiving enough support from their former business partner. The truth is that spousal support is an issue in almost all cases. In some cases, a comprehensive analysis of the problem is required, while in other cases the problem can be dismissed quite quickly. In any case, it is important to have an experienced lawyer to help you deal with the various pitfalls.

In its simplest form, alimony can be explained as a balance between what one spouse needs and what the opposing spouse can pay. To find this balance, most practitioners consider a software program designed to create guidelines. The guidelines serve as a tool to start the discussion, which is then further refined taking into account the eleven factors derived from case law:

1. The parties’ previous relationships and conduct;
2. The duration of the marriage;
3. The parties’ ability to work;
4. The source and amount of property awarded to the parties;
5. age of the parties;
6. The ability of the parties to pay alimony;
7. The current situation of the parties;
8. The needs of the parties;
9. The health of the parties;
10. The previous standard of living of the parties; And
11. The general principles of justice.

It is important to understand that while courts are bound to consider the above factors, parties are free to negotiate without resorting to judicial resources. One of the more influential variables in the negotiation phase is the amount of property awarded to the parties. It is common knowledge that conveyancing can change the scope of a monthly obligation and the length of payments. However, a party should not be required to rescind an asset allocation in order to make a living.