Alimony is based on the ability of one spouse to meet his or her needs through appropriate employment or investment income, and the ability of the other spouse to meet his or her own needs when paying alimony. In high asset value cases, the ability of a spouse after the divorce to meet their needs is often determined by property that generates an income, or a business that pays a salary which was given to the spouse in the divorce.
In most cases, there is an award of temporary alimony pending the final outcome of the divorce. There may be a need for some limited duration alimony after the divorce, or even permanent alimony. Every alimony situation is unique when high asset values are involved. The basic starting point is the determination of the standard of living during the marriage, and the parties’ respective budgets and incomes after the divorce, including income from investments.
