Alimony is another term for spousal support. This is a form of support that is independent of child support but may be paid to an ex-spouse after a divorce. These alimony payments are typically for a set period of time, such as a few years.
But is alimony a typical part of divorce for most couples? Can anyone get it if they just ask for it during the property division?
Not everyone qualifies
Courts consider alimony on a case-by-case basis. Not everyone is going to qualify, but the court can determine who does and how much they deserve in alimony payments.
There are a variety of factors to consider. Essentially, the court is just looking at the financial hardship that a divorce may create for one spouse. Alimony can be a way to give them financial security.
For example, say that two people are both working when they get married. A few years after the marriage, they decide to have children, and one spouse drops out of the workforce to become a stay-at-home parent. They spend the next 20 years raising the kids, and the couple files for divorce after they become empty-nesters.
Technically speaking, the stay-at-home parent could return to the workforce, but it’s unlikely to be an instantaneous process. They may need more training or education. They may also be very far behind in their industry. If they worked in the tech industry 20 years ago, for instance, everything is vastly different in 2024. It’s unrealistic to expect them to just start earning and supporting themselves again, so alimony will be ordered because they expected to be supported by their spouse prior to the divorce.
As you can imagine, it can be a complex process to determine who deserves alimony and how much should be paid. Be sure you’re aware of your legal options.
