In today’s society, permanent different circumstancesDivorce If a couple did not agree to a permanent alimony arrangement in a prenuptial agreement or post-marital agreement, then divorce law and the family court will dictate the outcome. A big factor when determining whether or not a spouse will receive permanent alimony payments depend on the length of time they were married. Some states will not even consider awarding any type of alimony unless a couple has been married for at least ten years. Depending on the state divorce law, the court has the power to determine what constitutes a long-term marriage, but five years to ten years are typical numbers.
The earning capacity, as well as the role that each spouse played in the marriage is considered. If a spouse raised the children and has been out of the work force for 15 years, the judge may rule that the spouse has limited earning potential and award them permanent alimony payments. An older spouse with little education or job experience may be awarded permanent alimony, due to the fact that finding a job that would maintain the standard of living would be very difficult.
Age and health of the spouse who is requesting permanent alimony is taken into account as well. If the spouse is older and sick, divorce law will likely award permanent alimony. Another factor that is taken into consideration when debating the allowance permanent alimony is the history of the relationship. If one spouse gave up their career and helped the other spouse further theirs, the court may find that they deserve permanent alimony for the sacrifices made. The same rule applies when it comes to caring for children. If it was agreed by the couple that one would stay home and raise the children while the other worked, a judge will take that into account.
While it is rare to be awarded permanent alimony, there are still some circumstances that allow for it. However, an individual receiving alimony who remarried is likely to have their permanent alimony benefit cut. This may also happen if the spouse providing the permanent alimony has a change in income.