When should you pay alimony? There are factors to consider by the judge in deciding whether alimony is appropriate. The court can order alimony if the spouse asking for alimony does not have enough to support himself and one of the following:
• If one spouse is convicted of committing family violence against the other spouse or the spouses’ child during the marriage,
• The spouse asking for support cannot make enough money for basic necessities because of a disability,
• The couple were married for over ten years, and the spouse asking for support cannot make enough money for basic necessities, or
• The spouse asking for support has custody of their child who is disabled.
All alimonies have a time limit by the law unless the spouse or spouses’ child has a disability. Otherwise, alimony can last no longer than:
• Five years if the marriage lasted less than ten years and the paying spouse committed an act of violence,
• Five years if the marriage lasted between ten to 20 years long,
• Seven years if the marriage lasted between 20 to 30 years long, and
• Ten years if the marriage lasted 30 years or longer.
The alimony will only end before it’s termination date if one of the spouses passes, the spouse receiving alimony re-marries,mor if the court finds out the spouse receiving alimony living with someone they are romantically involved with.
With all this being said, alimony cannot be more than $5,000 or 20% of the spouse’s average gross monthly income. Whichever is less is what the other spouse will receive.
Be sure to check specifics for your state.
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