Divorce is an upsetting change for any person. However, if you are financially dependent on your spouse, the thought of ending your marriage and being without that support can be especially overwhelming.
Alimony can be a lifeline in these situations. It can provide financial relief for people who have given up their own earning potential to support their spouse, kids or home. However, it’s not a given.
Factors that influence alimony awards
Alimony is not a means of punishing a higher-earning spouse or equalizing post-divorce finances. Instead, it helps dependent spouses get back on their feet financially or for a reasonable time after the divorce. Thus, if you wish to collect spousal support, you must show that you have a need for it and your spouse has the ability to pay for it.
Generally speaking, the goal is to be fair to both ex-partners. As such, there are several common factors that affect alimony awards, including:
- Duration of the marriage: Longer marriages may result in longer alimony periods.
- Contributions to the marriage: This includes both financial contributions and non-financial contributions like childcare and homemaking.
- Financial circumstances: The court looks at both spouses’ financial needs and resources.
- Earning capacity: The ability of the spouse seeking alimony to find employment without affecting minor children is considered.
These and other relevant factors will help parties assess whether spousal support is appropriate and, if so, how much support is reasonable.
Making the case for spousal support
Assuming you will receive alimony or failing to prove there is a need for it can be costly mistakes.
If you wish to receive alimony after divorce, there are a few ways to improve your chances. To navigate the complexities of alimony more easily, consider the following actions:
- Legal counsel: Work with a family law attorney to guide you through the process.
- Prenuptial/postnuptial agreements: These can clarify alimony terms should a divorce occur.
- Mediation: Resolving support matters outside of court can be less stressful and allow you to retain more control over the outcomes.
Divorce is a significant life change, especially for stay-at-home spouses who have dedicated their time to family care. While the process may seem overwhelming, understanding your rights and the steps you can take regarding alimony can help you make informed decisions about your future.
