Alimony, sometimes called spousal support, helps a lower-earning spouse live independently during and after divorce. People who have medical challenges or who gave up their careers for their families may not be able to secure jobs that pay livable wages when a divorce happens.
Alimony helps ensure that they do not face financial hardship simply because their marriage ends. Alimony, unlike child support, is not an automatic financial obligation when couples divorce. Typically, spouses can secure alimony through one of two approaches.
Reaching a mutual agreement
Some spouses have already signed prenuptial or postnuptial agreements outlining alimony and other financial obligations in the event of a divorce. Others may be able to negotiate arrangements as part of an amicable, uncontested divorce. The courts generally uphold agreements that spouses enter into voluntarily, even if the amount of alimony set or the duration of the order deviates from what the courts might order.
Petitioning the courts
If spouses do not have an agreement in place or the higher-earning spouse refuses to agree on a set amount of alimony, then litigation may be necessary. Spouses have the right to petition the courts seeking alimony if they can prove that they need financial support and the other spouse has the ability to pay. In such cases, state statutes and prior court precedents influence both the duration of the alimony order and the amount of the individual payments.
Those in need of financial assistance during or after a divorce may require the support of an attorney, and that’s okay. Both negotiating alimony arrangements and litigating for financial support can be challenging to manage without an attorney’s assistance.
