The Supporting Spouse’s Ability to Pay as a Factor Determining Alimony


Juhyun Joy Seo


Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Start Page: 251
Month: December
Year: 2015
Type: Article


Determination of ability to pay takes into account the supporting spouse’s “earning capacity” in addition to his “earned and unearned income, assets, and standard of living.” Earning capacity is determined based on ability to work, willingness to work, and opportunity to work. Brad is a talented actor and has abundant opportunities to work. As long as he is willing to work, he will command income at current or even higher levels.