If you are looking for an experienced family law attorney to assist you with obtaining spousal support during your divorce case, please review the appropriate sections on our website to determine if we can help you. At Law Offices of Paul Marinov, P.C. we have extensive experience in representing individuals in divorce cases.
In a dissolution proceeding, the court has the power to order the payment of just and reasonable spousal support (formerly known as alimony). Whether or not to award spousal support, how much, and for how long, are decisions based upon the circumstances of the parties, principally their respective needs and abilities to pay. Spousal support can be awarded on a temporary basis (i.e., prior to entry of a judgment of dissolution , on a permanent basis , or both.. Marital misconduct is not to be considered in awarding maintenance. Maintenance may be paid from the income or property of the other spouse. Among the major considerations in deciding issues of spousal support are: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career, or career potential, or license of the other spouse.Should the court determine that award of maintenance is appropriate, and, secondly, determines that the the amount of maintenance should be determined pursuant to the statutory guidelines, then, the amount is calculated by taking 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income. The amount calculated, however, when added to the income the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.
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