Can Income Be Imputed To Your Spouse When Determining Alimony?
When the Court fixes an amount of child support or alimony, it takes into account the guidelines set by statute, and also the particular facts of each case. For example, if you have a child with special needs an adjustment in the amount of child support as determined by the guidelines may be necessary. Likewise, if your spouse is unemployed but able to work it might be possible to impute an income amount when calculating alimony payments.
The 4th District Court of Appeals recently agreed with this position. In a case where both parties took early retirement, but the husband later returned to work the Court concluded the wife was employable and determined an amount of income that should be attributed to her when it reviewed an alimony award. The Court considered the following factors:
● Actual proof that an employer would hire your ex is not necessary, evidence of employment qualifications is sufficient.
● Whether the unemployment status is voluntary, or the result of a lay off or termination by an employer.
When the parties are both highly skilled and well-educated, it is reasonable to presume an income amount when determining support awards in a divorce case. The financial division among financially stable persons is an important aspect of any separation or termination of a marriage because solid financial footing allows the parties to move on with their lives and make a clean break. If you have questions about how alimony is calculated, call our office to speak with a skilled family law attorney.
For answers to your most pressing family law related questions, call an experienced family law attorney today. We understand the importance of reaching satisfactory resolutions, and create strategies that fit the specifics of your case. Call our office to schedule an appointment.