You may be entitled to alimony if you are the dependent spouse. This means you are actually substantially dependent upon the other spouse for support or substantially in need of support from the other spouse.
It must be equitable to award the dependent spouse 赡养费. Equitable is determined on the following 相关的因素:
- Present employment income 和 other recurring 收益 of each party from any source;
- Living expenses of both parties necessary for support of each;
- Each party's respective legal obligations to support any other person.
Finally, illicit sexual behavior plays a determinative role in entitlement to permanent alimony.
- If you are the dependent spouse 和 you engaged in uncondoned illicit sexual behavior during the marriage 和 prior to the date of separation, you will not be entitled to 赡养费 unless the supporting spouse also participated in an act of uncondoned illicit sexual behavior during the marriage prior to the date of separation.
- 如果你是赡养配偶, your spouse shall be entitled to 赡养费 if you engaged in an uncondoned illicit sexual act during the marriage prior to the date of separation (和 the dependant spouse is not guilty of the same conduct.)
- If both spouses have engaged in an uncondoned illicit sexual act, then 赡养费 may be denied or awarded in the discretion of the court after consideration of all the other circumstances.
谁来决定? The trial court decides in its discretion the amount, duration 和 manner of payment of 赡养费.
是什么 相关的因素 the court must consider in determining the manner, amount 和 duration of payment of permanent 赡养费?50-16.3A(b)
- 夫妻双方中任何一方的不正当婚姻行为, which may be determined by a jury (see marital misconduct under Postseparation Support. 这些因素是相同的);
- The relative 收益 和 earning capacities of the spouses;
- The ages 和 the physical, mental 和 emotional conditions of the spouses;
- The amount 和 source of earned 和 unearned income of both spouses; including, 但不限于, 收益, 分红和医疗福利等, 退休, 保险, 社会保障或其他;
- The contribution by one spouse to the education, training or increased earning power of the other spouse;
- 赚钱能力的程度, expenses or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
- The st和ard of living of the spouses established during the marriage;
- The relative education of the spouses 和 the time necessary to acquire sufficient education or training to enable the spouse seeking 赡养费 to find employment to meet his or her reasonable economic needs;
- The relative assets 和 liabilities of the spouses 和 the relative debt service requirements of the spouses, 包括支持的法律义务;
- The property brought to the marriage by either spouse;
- The Federal 和 State tax ramifications of the 赡养费 award;
- Any other factors relating to the economic circumstances of the parties that the court finds to be just 和 proper.
Your case for 赡养费 or Postseparation Support must be pending in the court prior to your absolute divorce.