Establishing immediate financial separation during a divorce isn’t always a realistic goal. Spouses often share financial and household responsibilities, leaving one in a better position to live independently during and after a divorce.
Alimony is one way of allowing a lower-earning or dependent spouse to afford basic expenses during a divorce and rebuild after the end of a marriage. Many factors influence alimony orders entered by the courts, including the three top considerations below.
1. The income of both spouses
Generally speaking, there needs to be a significant discrepancy in the income or personal resources of the spouses to justify an alimony order. The spouse requesting alimony must show that they require support and that their spouse has the ability to pay. The courts may also consider the standard of living during the marriage in addition to the income of the spouses when deciding how much alimony is appropriate.
2. The duration of the marriage
Longer marriages typically result in more financial entanglement. When couples divorce after decades of marriage, the courts are more likely to agree that alimony is necessary. The duration of the alimony order could potentially be longer due to the length of the marriage.
3. The sacrifices of the requesting spouse
Frequently, the courts look at whether the spouse requesting alimony made career concessions for the benefit of the family unit. If they gave up their job or stopped pursuing advancement opportunities to prioritize their family, those professional sacrifices may influence the final alimony order.
The unique details of a marital relationship can have a profound impact on an order entered by the courts. Consulting with a family law attorney can be helpful for those hoping to secure alimony as part of a complex divorce to better understand their rights and exercise their options.
