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If the parties cannot agree on whether or not alimony should be paid, then the court will determine alimony. Before determining the type, amount or duration of alimony payments, the court will weigh out whether alimony is appropriate by analyzing the requesting party’s need vs. the paying party’s ability to pay. When determining the type and amount, the court will consider several alimony factors. The duration of alimony depends in part on the duration of the marriage. 

Length of Marriage

When the court is determining the type of alimony, the length of marriage could be an important factor to consider. Regarding the length of marriage, there is a rebuttable presumption that: (1) a short-term marriage is a marriage having a duration of less than 7 years; (2) a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years; (3) a long-term marriage is a marriage having a duration of 17 years or greater.

  • Need vs. Ability to Pay

    An award of alimony may be appropriate where the court finds that the requesting spouse has a need for alimony and the paying spouse has the ability to pay alimony. 
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  • Alimony Factors

    In determining the proper type and amount of alimony the court shall consider all relevant factors, including, but not limited to. . .
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  • Length of Marriage & Alimony

    When the court is determining the type of alimony, the length of marriage could be an important factor to consider. Regarding the length of marriage, there is a rebuttable presumption that: (1) a short-term marriage is a marriage having a duration of less than 7 years; (2) a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years; (3) a long-term marriage is a marriage having a duration of 17 years or greater.

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