When a marriage ends, either through a divorce or by legal separation, then spousal support, also known as alimony may be ordered by the courts. This means that money must be paid from one spouse to the other on a monthly basis.
Known as a duty of spousal support, the courts view alimony as a continuing legal obligation. And although it is considered a contractual responsibility in the eyes of the law, it is not always ordered in every marriage. The amount of spousal support can be impacted by many factors.
Factors in Spousal Support
In Connecticut, judges have more discretion than judges in other states when it comes to determining spousal support. Other states have strict formulas that are uniformly applied to most divorce cases. A spousal support attorney can have more influence on the amount of spousal support that is ordered in Connecticut due to this leeway. By drafting a convincing and compelling story and combining them with facts, an attorney may be able to gain a more favorable judgment for his or her client.
In addition to the evidence presented by each side, in Connecticut, judges are required by statute to also consider the following:
- Reasons why the marriage ended
- Ages of the husband and wife
- Health status of the husband and wife
- Incomes of each spouse
- Earning capacities of each spouse
- Vocational skills
- Each spouse’s assets
- Each spouse’s needs
- Property distribution from the divorce
- How feasible and desirable it is for a spouse to be employed when they have physical custody of minor children
In some cases, a family law attorney who specializes in spousal support can assist a divorcing couple attempting to craft an amicable level of spousal support even before appearing in front of a judge. In other divorces, a mediator may be called upon to try and help both sides reach an agreement.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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