Will I get permanent alimony because of age or emotional well-being?

The age and emotional well being of a party may have a great impact on the amount of a permanent alimony award if strong evidence supports a party’s claim. Even in the case of very short-term marriages, if it can be proven to the court that one party is unable to provide for his/herself because of age or emotional well-being, permanent alimony may be granted. The court not only looks at the well being of the receiving party, but the paying party as well. If the paying spouse is injured and can no longer work, this may be factored into the court’s decision of determining alimony. The court should only consider present conditions when investigating the age and condition of the parties. If it is evident that one party may in the future have a condition which leads to he/she becoming incapable of self support, the court should not factor this into its ruling regarding alimony. Any future change in physical/emotional well-being should be dealt with in modification proceedings when its damage is occurring and evident.

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