Alimony may be awarded to either the husband or wife. Some forms of alimony are for a temporary period from the time that the action is filed through the final judgment. Rehabilitative alimony provides assistance while one regains the ability for self support. Permanent alimony provides for continuous support until the remarriage of the receiving party or the death of either party.
The court must first find that there is an actual need by one party and an ability to pay by the other party. The court will then look at several factors to determine the type and amount of alimony. These factors include, but are not limited to:
- The standard of living established while married.
- The length of the marriage.
- The age and health of each party.
- The financial resources and assets of each party.
- When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.
The court may also consider the adultery of either spouse and its circumstances. But note that adultery does not bar the award of alimony.