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Determining Alimony Factor #3: Age and Health

Determining alimony is a critical part of the divorce process. Alimony is just one of the ways that a spouse can obtain the financial support needed after the divorce proceedings are completed.

There are many factors used to calculate spousal support, and understanding the impact they can have ensures the wellbeing of you and your family.

Age and health are factors that family law courts use when determining alimony. By providing the right evidence, you can secure the outcome you need in your divorce case.

Age and Alimony Decisions in Divorce

A person’s age can influence the amount of alimony that’s granted to an individual in a divorce case.

Courts make their decisions based on the evidence you provide. Your family law attorney can help you determine the best way to maximize the alimony you receive or minimize the amount you may have to pay.

If a person’s age reduces employability or otherwise prevents them from supporting themselves, the courts may grant a sufficient amount to maintain their financial wellbeing.

This is also true for shorter marriages even though the duration of a marriage can also influence the court’s decision on alimony. Spouses who’ve been out of the workforce for some time are also more likely to obtain a higher amount of financial support.

Divorce cases that involve older adults are more likely to result in permanent alimony agreements. Older adults typically have difficulty in finding employment regardless of their skills.

How Your Health Can Affect Alimony

Your health is a critical part of your ability to financially support yourself. Spouses who suffer from chronic health conditions or have sustained some injury may require ongoing medical care.

This requires the financial resources needed to pay medical bills for health care services, medication, and other expenses. In addition, health issues can negatively impact a person’s employability for the future.

Courts consider the present health conditions of each spouse when determining alimony. This excludes any potential changes that can occur in a person’s health. Future health issues are addressed through modifications that can be made through the courts.

Alimony Over the Long Term

Modifications must be justified using evidence that demonstrates a “material change” in a person’s circumstances. Court judges evaluate this evidence alongside the other relevant factors to determine if the alimony should be raised or lowered.

Age and health are important factors to consider when determining the amount of alimony granted in a divorce case. The amount can increase or decrease depending on how these factors affect your future livelihood.

Family court judges also consider present income and the property held by each spouse. If a spouse is at fault in a divorce case, the amount of alimony may reflect this factor along with any existing agreements.

Other factors include the duration of your marriage, potential tax consequences, the contribution of each spouse to the marriage, and the presence of children.

Your family law attorney can provide the information you need to maximize or minimize the alimony granted in a divorce case. Determining a fair alimony agreement that meets the needs of both parties supports the future wellbeing of the entire family.

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