Thursday, October 17, 2019

Financial relief Essay Example | Topics and Well Written Essays - 1500 words

Financial relief - Essay Example These factors include the ages of Megan and Hugh and the duration of their marriage, contributions made by Megan through her income, looking after their home and children, the family’s needs, assets and earning capabilities of Hugh and Megan, the age, mental, physical and emotional well being of both Megan and Hugh, their standard of living before separation, and whether being the custodian of the children will limit Megan from earning a substantial income. Hugh’s adultery, which is said to have begun since their first born was born, will not be considered in determining whether to award spousal maintenance to Megan. According to Rossini, alimony â€Å"is separate and apart from monies paid for financially dependent children as child support. In some jurisdictions under certain conditions, alimony may be taxable income for the recipient (and deductible for the payor).† 2 It is possible for the court to assess Megan’s needs and decide on whether to award he r compensatory maintenance to enable her to save and ease her transition on the fact that had she not gotten married and given up her well paying job to look after the kids, her career just like Hugh’s would have progressed. The Ages of Megan and Hugh and the Duration of their Marriage Determination of Megan’s eligibility for spousal maintenance is a vital consideration by the court. The ages of Megan and Hugh are important in determining how easily each of them can make a fresh start, which has a profound impact on their resources and expenditure in future. The length of their marriage is also important in determining how they ought to share assets and Hugh’s income. In the United Kingdom, a marriage of four years is considered as a short one, while a marriage of twenty five years is considered as a long one.3 Megan and Hugh have been married for more than four years making their marriage a long one. They are both however not too old to remarry making it easy f or both of them to start their married lives afresh with other spouses in future. This is especially true from the fact that their first born is fifteen years old and their youngest son is below ten years of age. The fact that Megan and Hugh have been married for a considerable length of time makes Megan eligible for spousal support. Contributions Made by Megan through Her Income, Looking After Their Home, and Children Financial contributions made by a spouse as well as other contributions in the home are a necessary consideration in determination for spousal maintenance. In Megan’s case, she has definitely made financial contributions in the home, especially at the time when she had a well paying job. Although it is not clear whether she contributed in buying the property at Hertford, she has made financial contributions in the joint building society savings. She also left a well paying job to be the primary homemaker and take care of the children. According to Boele-Woelki et al., â€Å"

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