Generally, there are designated factors that the court has to consider in determining whether or not to order a party to pay alimony.
Courts usually consider the following when determining spousal maintenance or spousal support, though, of course, these vary by state so be sure to consult with a local, licensed attorney:
* length of the marriage;
* age and health of the parties;
* division of property;
* education level of each party at the time of the marriage and at the time the action is commenced;
* earning capacity of the parties;
* feasibility that the party seeking alimony/maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage and the time needed to achieve this goal;
* tax consequences to the parties;
* pre-marital and post-marital agreements;
* contribution of one party to the education, training or increased earning power of the other;
* and any other facts as the court may determine to be relevant.
Once the court determines that a party is entitled to alimony, the court then determines how much the person should receive per month and how long he or she should receive it.
Related Article: How Is Alimony Determined?