Spousal Maintenance / Alimony
An experienced family law attorney like Mr. Larson can assist his clients in obtaining the best result in their divorce case. Unlike child support, the family law courts do not have a finely-tuned set of guidelines from which to establish spousal maintenance (alimony) in the divorce setting. There is a statute that governs whether a divorce lawyer should seek an award of spousal maintenance (alimony) and, if so, how much and for how long. Relying on this family law statute, divorce courts generally look at whether the receiving spouse is able to be self-sufficient through appropriate employment or if the spouse is the custodian of a minor child whose age prohibits that person from seeking employment. There are other factors that family law courts use to determine whether a person is eligible for spousal maintenance in a divorce case, but the focus of most divorce courts is a person’s ability to provide for their reasonable needs.
The amount of spousal maintenance is determined by a grouping of factors employed by the family law courts. Primarily, the divorce courts use the standard of living established during marriage, the duration of the marriage, and the age and employment history of the spouse seeking spousal maintenance, together with the ability of the paying spouse to pay. Divorce courts utilize other statutorily enumerated factors, but those mentioned above are the main factors considered in the divorce setting.