Divorce is an emotionally and financially challenging process for both sides. That’s all the more true when it comes to related issues like determining spousal support.
While alimony rulings are not nearly as common as child support rulings, that doesn’t mean they don’t occur. If you’re on the verge of a divorce proceeding and want to request spousal support, it’s helpful to know how it works, what the courts consider, and what you can do to increase your odds of getting it.
Whether or not you were the primary caregiver or just happened to make less money than your spouse, alimony might be a way to help you achieve financial self-sufficiency. It pays to hire a reputable family law attorney to help you through the process.
What follows are five things to keep in mind if you’re seeking spousal support in the U.S.
- Alimony Isn’t Automatic — You Must Request It
Spousal support isn’t a given. If you never speak about it prior to entering into the final divorce judgment, you cannot bring it up later. Courts will not typically reverse the case unless there is some significant change in circumstances.
There are various forms of spousal support. They include the following:
- Temporary: In place while the divorce is pending
- Rehabilitative: In place to help the receiver become self-sufficient financially
- Permanent: Applicable for long-term marriages
- Lump sum: An upfront single alimony payment
Your lawyer can, if you want spousal support, advise you which, if any, of these categories fits your specific situation.
- State Laws Vary Greatly
Each state has its own spousal support legislation, so outcomes can be quite different depending on where you’re getting divorced. That’s another reason to hire a lawyer.
Some states have formulas to determine support, and some allow judges to play bigger roles.
The lawyer you retain can explain the laws in your state and answer questions. Generally, the longer the marriage, the higher the likelihood of spousal support.
- Different Factors Used by Courts
Courts, in deciding spousal support, consider factors like the following:
- Length of marriage
- Both spouses’ incomes and earning capacities
- Both spouses’ ages and health
- Marital standard of living
- Those whose career or education was funded by the other spouse
- Whether either of the spouses stayed at home to raise children
Judges attempt to establish a fair middle ground — providing the lower-earning partner with a standard of living similar to what was enjoyed during the marriage. If you did put off or delay your own career advancement or education for your partner’s or to have children, let your lawyer know. It could help with any alimony claim.
- You Might Have to Demonstrate Efforts to Achieve Financial Independence
Spousal maintenance is not a permanent solution but one of transition. The recipients, in most cases, are meant to put in an effort towards financial self-sufficiency. You may be called upon by judges to create a plan, get job training, or go back to school.
If you can work and simply refuse to, your eligibility or how much money you will be paid will be affected. The same thing would happen if you are already receiving alimony and fail to achieve greater independence. A court may suspend or lower payments in such a case. Demonstrating good faith efforts at independence will work in your favor.
- Changes and Enforcement Can Be Complicated
Life circumstances change — people lose jobs, get remarried, or become ill. If either spouse experiences a significant shift in their financial situation, alimony orders can often be modified. However, modifying an order isn’t automatic. You’ll typically need to file a motion with the court and present evidence supporting the need for a change.
Likewise, if your former spouse is unable or refuses to pay the awarded spousal support, there are remedies available under the law. Courts can enforce payment using methods ranging from wage garnishment to property liens.
Asking for spousal support is not about punishing your spouse — it’s about fairness. Both parties should be able to start over post-divorce on an equal economic footing.
