Spousal Support (Alimony)

Alimony can be requested in every dissolution proceeding. If well founded the Court will provide for a reasonable sum. The court will first determine whether either party has an actual need for alimony and whether either party has an ability to pat for alimony.

In any award of alimony, the court may order periodic payments, payments in lump sum or both.

If the court determines there is an actual need for alimony and an ability to pay by the other party, then it will determine the proper type to award considering all relevant factors, including but not limited to:

• The standard of living established during the marriage.

• The duration of the marriage.

• The age and the physical and emotional condition of each party.

• The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

• The earning capacities, educational levels, vocational skills, and employability of the parties and if applicable the possibility of training and education.

• The contribution of each party to the marriage.

• The responsibilities each party will have concerning any minor children they have in common.

• The tax treatment an consequences to both parties of any alimony award.

• All sources of income available to each party, including investment of assets.

The alimony awarded may be bridge-the-gap, rehabilitative, or durational and may be awarded as a lump sum or in periodic payments.

Determining your right to alimony, which type you qualify for and how to obtain an award of alimony is a difficult process. Cody Law is dedicated to advocating for spouses in need of alimony payments, as well as defending against excessive spousal support claims. Contact us for assistance in obtaining alimony or in terminating or reducing an alimony obligation.