In the event of a legal separation or divorce, it’s reasonable to anticipate the harsh emotional and financial consequences. This is true if the subject of alimony is on the table, which often escalates the stress and uncertainty on both parties. While the calculation of the alimony award is a task that falls squarely on the court’s shoulders, having legal guidance is recommended. This is for better understanding of the considerations in determining the monthly spousal allowance. While this might appear complicated, contacting a seasoned family law firm in Albuquerque NM will provide insight into the factors that could affect your alimony payments.
Condition of the Parties
To determine whether to award alimony and the amount to be awarded, the court must consider the physical and mental condition of both parties. It also includes their respective ages. If one of the parties is disabled, older or otherwise suffering from disabling health problems, the court will award more alimony. Conversely, a younger party having relatively decent health is less likely to be awarded maintenance payments at all.
Another key factor considered by the judges when awarding spousal allowance is the earning capacity of each spouse. This involves factors as professional experience, education level, basic skills and employability of both parties. The professional capacity aspect is concerned with determining whether a party can earn a living especially if they are not working at the time of divorce.
A spouse can be awarded alimony if they are unemployed despite being physically and mentally capable. This is true especially for rehabilitative purposes. Rehabilitative alimony is awarded to a spouse during the time which they are undergoing vocational training to become financially independent.
The court is mandated to decide how much alimony you can receive or pay and for how long in the event of a divorce. Various factors are put into consideration when determining whether you should receive or pay alimony as well as the monthly amount. It is imperative to obtain legal counsel to get an estimate of your potential alimony.