Filing for divorce or responding to a petition is a frightening prospect. People facing divorce usually recognize that their lives are about to change dramatically. It can be hard to know what to expect in the future, especially if one spouse is financially dependent on the other.
Stay-at-home spouses and parents handle household and family matters so that working spouses can fully dedicate themselves to their careers. Professionals in high-demand positions may work extensive and unpredictable overtime. They may not have the mental bandwidth to tackle household management and parenting responsibilities.
As such, they directly benefit from having a spouse at home to care for their children, keep the fridge full and otherwise manage daily life. The spouse who sacrifices their career and earning potential for the household is at a disadvantage after a divorce. Can they count on alimony to help them live independently?
The courts can award dependent spouses alimony
Alimony or spousal support is sometimes available during a divorce and afterward for a set amount of time. The courts look at the circumstances of the spouses. Factors, including the need of the spouse requesting alimony and the ability of the other spouse to pay, guide the courts as they consider the request for alimony.
The duration of the marriage, the earning potential of the dependent spouse and even their health can influence what the courts view as reasonable and appropriate. There are multiple types of alimony that the courts can grant under state statutes.
What type of alimony they deem appropriate largely influences how long alimony lasts. In most cases, the goal of alimony is to help a dependent spouse become independent. Alimony ideally lasts just long enough for them to re-enter the workforce or undergo training. Long-term or indefinite alimony is possible in certain circumstances but is somewhat unusual.
Additionally, alimony is not an automatic guarantee in divorce proceedings. The spouse in need of financial support has to petition the courts for alimony and then demonstrate that their circumstances warrant continued financial support.
Discussing concerns about financial independence and alimony with a skilled legal team can help people prepare for divorce proceedings. Lower-earning spouses may be eligible for financial support as they seek the skills, training and experience they need to have to support themselves after leaving the workforce for years.
