Question of Alimony


#1

I am considering filing for divorce from my husband of a little over a year. In that year I have given birth to twin boys. I also have a daughter from a previous relationship. My husband has 2 dependent children who do not live with us. I had my own place, car, and job before getting married. I had to leave my job during pregnancy ,for health reasons. My children and I are completely dependant on my husband financially. Would I qualify for alimony, and would it be enough to make sure that my children and I are comfortable? Working is out of the question for me because whatever I would make would be spent on childcare. Please give me any information you may have.


#2

There is no set formula to make an alimony determination easy. For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details.

For quick reference, these are the alimony factors:

  1. The marital misconduct* of either of the spouses.
  2. The relative earnings and earning capacities of the spouses.
  3. The ages and the physical, mental, and emotional conditions of the spouses.
  4. The amount and sources of earned and unearned income of both spouses, including earnings, dividends, and benefits such as medical, retirement, insurance, social security…
  5. The duration of the marriage.
  6. The contribution by one spouse to the education, training or increased earning power of the other.
  7. The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child.
  8. The standard of living of the spouses established during the marriage.
  9. The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs.
  10. The relative assets and liabilities of the spouses and the relative debt of the spouses, including legal obligations of support.
  11. The property brought to the marriage by either spouse.
  12. The contribution of a spouse as homemaker.
  13. The relative needs of the spouses.
  14. The federal, State, and local tax ramifications of the alimony award.
  15. Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. and last but not least:
  16. The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties” marital or divisible property.