Alimony based on holdings at time of separation or current?


#1

Over two years ago my divorce was final. We have not gone to court yet for alimony. Will alimony payments be based on what my salary was at the time of separation or what I make current at the time of the court hearing for alimony? Also, I am remarried now. My wife had some assets when we were married so would that be taken into consideration when the alimony is decided? Thank you very much!


#2

The amount of separate property the dependant spouse has is a factor the court will consider in awarding alimony. Your current income will be used to determine your ability to pay, however the amount of alimony awarded is dependant on what her standard of living was during the marriage.


#3

Thank you for your fast response. I worded my question badly. It is actually my current wife who has the assets and did have them at the time of our marriage. We are worried that this might be a factor in my ability to pay. What my current wife had at the time of our marriage we consider as hers, not marital property between she and I. We are very concerned about how the court will look at it. Thank you for your time.


#4

Your current wife’s assets are not a factor in making an alimony determination for your ex wife.