Does family court usually grant alimony with no kids in a divorce?

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Does family court usually grant alimony with no kids in a divorce?

I have been married for the past 20 years and I have asked my wife for a divorce (we have no property or children). She wants alimony and I have offered her $1200 a month for 15 months, but she says that it isn’t enough. She will be moving to another state where the cost of living is much cheaper than here. She has worked our entire marriage I am military and has told me she is used to a certain standard of living. What are her chances of the court giving her alimony in our divorce?

Asked on August 9, 2012 under Family Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Alimony is an issue separate and apart from the issue of having children in the marriage, although being the custodial parent is one of the many factors the court can consider in awarding alimony.  Becuase of the length of the marriage she can certainly make the application to the court.  In Hawaii the courts will consider the followinf factors as well as case specific factors:

  • Financial resources of the parties.
  • Ability of the party seeking support and maintenance to meet his or her needs independently.
  • Duration of the marriage.
  • Standard of living established during the marriage.
  • Age of the parties.
  • Physical and emotional condition of the parties.
  • Usual occupation of the parties during the marriage.
  • Vocational skills and employability of the party seeking support and maintenance.
  • Needs of the parties.
  • Custodial and child support responsibilities.
  • Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance.
  • Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made.
  • Probable duration of the need of the party seeking support and maintenance.

Good luck.


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