Once property, assets and liabilities have been divided in a divorce, the court generally decides whether either party should receive alimony. The court will first decide if alimony is warranted, and then determine the amount and the duration of the payments. In making this determination, the court will evaluate several different factors.

The court first looks at the two parties’ earning power. This may vary, depending on how long each party has been in or out of the workforce. For example, a stay-at-home mother in a long-term marriage has significantly less earning power then her partner, as she likely commands a lower salary due to her time out of the workforce. The court may also consider the cost required for the homemaker to return to school to obtain the skills and knowledge required to earn a living comparable to the standard of living she enjoyed during the marriage. If spouse A supported spouse B while spouse B was obtaining an education or degree to increase their earning power, the court will take this into account as well.

The court also examines the physical and emotional health of the both partners. Their age and the duration of the marriage also play a role in determining the appropriateness and amount of alimony.

Finally, the court will consider the ability of either party to pay alimony, and the tax implications of alimony payments for both spouses. The court also has the authority to look at any other factors that it deems relevant.

The goal of alimony is to allow the dependent spouse to enjoy a standard of living comparable to the one they enjoyed while married. The equitable distribution of marital property is based solely on the past, whereas alimony is based on future earnings and lifestyle. Any properties, such as retirement funds considered under the marital property division, are excluded in the decision regarding alimony. Otherwise, a form of double-dipping would occur, penalizing the spouse with the higher earning power.

After the divorce decree and property division, the amount of alimony may be adjusted based on changes in circumstances. It is up to the party requesting the change to prove a change in conditions has occurred since the time of the divorce, such as a change in health condition, loss of job, retirement, reduction in salary, or failure of a business. If an ex-spouse requests a change, the court will hold a hearing to decide the merits of the case and then rule on the request.

A qualified divorce attorney can help you understand the factors in your alimony case. An attorney can provide guidance regarding your income, eligibility or responsibility for alimony, and how to prove your case in court.

Christopher L. Garibian is family lawyer in the law firm of Garibian LLC, located in Morristown, NJ. He can be reached at 973 267-7333. View his firm's Divorce Magazine profile.

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