Judge Determines Alimony - What Are The Guidelines?

By Staff Writer

What alimony guidelines do judges consider as they review a divorce case? Alimony law varies widely from state to state, and your chances for alimony rest largely at the discretion of the family court judge. Here are some of the factors the judge will weigh.

Alimony Guidelines for Divorce Court
The judge will determine the length of the marriage. He will want to know if you have contributed in any major way to your spouse's career, either through financial support or time spent helping the spouse, maintaining the home or raising the children. He will particularly assess your chances in the present-day job market, your skills level, your educational background, and your work history.

Other guidelines include your assets, your property, and your sources of income after divorce. If you are your children's primary caregiver, and you have sole custody, then the judge may provide a child support and alimony package to allow you to raise the children until college age. If your children have special developmental or health care needs, the judge will be sure to factor them in his final decision.

As a tax note, it's important to remember that alimony is seen as income by the IRS. You must claim it when you file your taxes. However, for your spouse, the divorce alimony he or she pays you is a tax deduction.