All interesting article to read WHAT YOU NEED TO KNOW ABOUT SPOUSAL SUPPORT | Page 2

In the United States, alimony is determined based upon different factors and elements that occur
at the time of the hearing. The period of alimony is also variable, and some states, such as Texas,
Montana, Kansas, Utah, Kentucky, and Maine, have precise guidelines that judges must follow
when awarding alimony.
For example, in states such as Texas, Tennessee, and Mississippi, the monthly amount paid is
either $2,500 or 40% of the payer’s total monthly income, whichever is less. In these states,
alimony is also only awarded to a person if the marriage lasted at least ten years, and is awarded
for a period of three years (unless other circumstances exist).
Some states, such as New York, consider any educational degree that were earned while married;
a part of the marital property. This means that the divorce decree will require payment of the
educated spouse to the other spouse a part of their expectant earnings from employment gained
as a result of the degree.
Prenuptial Agreements
In some cases, alimony may be waived. These cases include when there is a prenuptial
agreement in place in which the spouse as signed away their rights to any alimony. However, if
there are inequalities between the parties at the time of divorce that are too large, the prenuptial
agreement may be disallowed.
If a party gets married in a state that allows prenuptial agreements to exclude alimony, but then
later divorces in a state that does not allow the exclusion of alimony, then the laws of the state in
which the divorce took place will prevail.