How long does a spouse have to be married to receive alimony?

It is alimony for a pre-determined amount of time and cannot exceed the length of the marriage. For instance, if married for two years, a spouse cannot receive durational alimony for more than two years. Permanent alimony is usually only granted in moderate or long-term marriages.

How long does alimony last in this second hypothetical?

Assume now the marriage is again 10.5 years, one spouse makes $100,000 per year and the other spouse is physically disabled, has not worked throughout the marriage and his or her earning ability is minimal. How long does alimony last in this second hypothetical?

How is the duration of alimony determined in Pennsylvania?

The duration of payments is determined by a judge in Pennsylvania family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

How much money do you have to make for alimony?

Assume the marriage is 10.5 years, both spouses are and remain healthy, both worked during the marriage and there is a $30,000 per year income difference between them. The paying spouse earns $100,000 per year. The other spouse earns $70,000 per year. There will likely be alimony by the higher earning spouse to the other spouse.

When to use rehabilitative or durational alimony?

Rehabilitative alimony considers the time a spouse may need to further their education or obtain employment. Durational alimony can be awarded in short-term or moderate-term marriages. It is alimony for a pre-determined amount of time and cannot exceed the length of the marriage.

When is a modification of an alimony award appropriate?

Holding: If the supported spouse cannot maintain the standard of living with an alimony award, and the supporting spouse’s financial condition permits, a modification of alimony is appropriate. Facts: Parties had been married for approximately seventeen years and had two children born of their marriage.

What are the factors to consider when awarding alimony?

If alimony is awarded, the alimony payment should be enough to support the spouse’s standard of living. Typically, the most important factors are the length of the marriage and income earning capacity of each spouse.

Is there such a thing as spousal alimony?

The legal concept of alimony, otherwise known as spousal support, is dependant upon a legal marriage. However, in some areas – especially those with a concept of common-law marriage – “palimony”, or support payments between non-married individuals, has been awarded by courts. However, this generally requires extenuating circumstances.

When does a spouse get an alimony award?

In these situations, it is common for the spouse with fewer financial resources to request spousal support, or alimony, from the higher earner in order to maintain a reasonable standard of living. However, alimony awards are not automatic and will only be granted after the court weighs a number of factors.

How does living together affect current alimony payments?

In other words, if you move in with a new partner, unless you can prove to a judge that you still need the same amount of alimony, it will be reduced or terminated. In those states that do not have laws or court decisions that specifically address the impact cohabitation might have on alimony, it is difficult to predict how a judge will rule.

Can a spouse be ordered to pay alimony past 65?

Some states have laws that a spouse can’t be ordered to pay alimony past the presumed retirement age of 65. Some states put a limit on the duration of “permanent” alimony, prohibiting alimony awards lasting longer than 10 years.

How can I get Out of paying alimony?

There are generally two ways you can get out of paying out alimony you have been ordered to pay: (1) meeting conditions in the court’s order or (2) meeting conditions in state law. The court order requiring you to pay alimony should set forth the circumstances under which alimony will terminate.

Can I stop paying alimony?

You can generally not unilaterally “stop” payments. However, with the proper legal guidance and likely with court utilization, it is possible that alimony payments can be stopped. You should communicate with an experienced Family Law attorney.

How do courts determine alimony?

The courts determine alimony by first looking at the spouse’s gross income and reducing it by subtracting all mandatory deductions to come up with the net income. Mandatory deductions are things like income taxes, social security, and healthcare. The courts do not consider things like union dues or work-related…

How does a judge decides the alimony amount?

To decide the amount of term alimony, the judge will generally take the following steps: The judge will use a mathematical formula, which is based on 30 percent of the difference between the parties’ gross incomes at the time the order is created, to come up with an amount. The judge will look at the “reasonable need” of the person receiving alimony and come up with an amount.