Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why does the Court use this order? Simply, each separate item helps to determine the outcome of the next issue.
Parenting is determined first. The parenting portion is actually divided into two sections: Parental responsibility (decision-making) and timesharing. Parental responsibility determines which parent gets to make major decisions for the child(ren). Major decisions include non-emergency medical and dental; education; religion; and extracurricular activities. Timesharing is how much time the child(ren) spend with each parent. The parents or the Court will fashion a timesharing schedule that is in the child(ren)’s best interest.
Once the parenting issues have been determined, the Court moves to equitable distribution or the division of assets and liabilities. One factor that the Court can consider in awarding certain assets and liabilities to each party is the necessity of preserving an asset such as the family home, for the child(ren). If the child(ren) will spend the majority of the time with one parent, the Court may decide that that parent should remain in the marital home until the child(ren) are 18.
After the Court divides the assets and liabilities, it considers alimony. There are many factors that the Court considers when deciding if an alimony award is appropriate. One factor is the financial position of the parties. If one party received the bulk of the marital debt, for example, then that party may no longer have the ability to pay alimony. The Court could also determine that since the spouse requesting alimony is no longer responsible for the debt, that spouse is now able to support themselves.
Child support is calculated using a formula that takes several factors into consideration. Two of the factors are the number of overnights the child(ren) spend with each parent (the parenting plan) and the incomes of both parents (alimony increases the receiving spouse’s income and decreases the income of the spouse paying the alimony).
After all of these issues are resolved, the Court considers everything else. This normally involves whether or not to award attorney’s fees to one party. Since one of the ways the Court can award attorney’s fees is based on the need of one spouse and the ability of the other spouse to pay, the Court will look at the final awards of equitable distribution and alimony to determine whether one spouse has a greater need or ability to pay attorney’s fees.
For more information on any of these issues, contact an experienced family law attorney.