Alimony is monetary support paid from one spouse to another in a divorce. The person seeking alimony must show an actual need for the support and that the payor spouse has the ability to pay the support. Without this proof, no alimony will be awarded.
There are several factors the Court considers in determining if alimony should be awarded. One such factor is the income of the parties. The Court will consider whether the parties are working to their full potential or if they are underemployed and if either is proven then the Court could impute income to that party. That is to assign an income to that party even though they are not earning that income. The Court would then factor this income in its decision to award alimony or not.
The Court also will determine the length of the award. Will it be durational, rehabilitative, bridge-the-gap or lump sum alimony.
Schedule your free telephone consultation with Attorney Maria J. Patullo to discuss your case and to learn your options.