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Break up > Surviving a break up > Factors Affecting Alimony Factors Affecting Alimony The Followings are Factors Affecting Alimony:
Length of the marriage - Generally alimony lasts for a term or period, that will be longer if the marriage lasted longer. A marriage of over 10 years is often a candidate for permanent alimony.
Time separated while still married - In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states (such as New Jersey) do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
Age of the parties at the time of the divorce - Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.
Relative income of the parties - In U.S. states that recognize a 'right' of the spouses to live 'according to the means they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to strongly equalize post-divorce income, heavily penalizing the higher-earning spouse.
Future financial prospects of the parties - A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
Health of the parties - Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.
Fault in marital breakdown - In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are 'no-fault' states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.
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