1. How Long You Were Married
The length of your marriage is often a significant determinant of spousal support. If your marriage lasted only a few years, the court may award temporary or minimal support. However, in long-term marriages—typically 10 years or more—alimony may be granted for a more extended period, possibly even for life in some cases. The court considers whether both parties became financially dependent on one another over the years.
2. Are Both You and Your Ex-Spouse Physically/Mentally Able to Work?
Your ability and your spouse’s ability to work play a vital role. If either of you is unable to work due to physical or mental health conditions, it could lead to increased or extended alimony. A judge will evaluate whether both parties can sustain themselves financially through employment or whether support is needed to cover a longer period.
3. Are You Healthy? Is Your Spouse Healthy?
Good health often means a person can work and support themselves. If either spouse has significant health concerns that limit their ability to work or require substantial medical care, this could influence the amount or duration of alimony. Courts take the health conditions of both parties into account, particularly if long-term care or reduced earning capacity is a factor.
4. How Old Are You and Your Spouse?
Age can impact a person’s ability to work and their financial needs. If you or your spouse are nearing retirement, it may be less likely for a judge to expect long-term financial independence, which can affect the duration and amount of spousal support. Younger spouses, however, may be expected to reenter the workforce and become financially independent sooner.
5. Can Your Spouse Afford to Pay Spousal Support?
Even if you need alimony, your spouse’s ability to pay is crucial. Courts will review their income, debts, and overall financial situation. If they’re already supporting themselves on a tight budget, the alimony amount may be limited. Conversely, if your spouse has a high income or assets, the court may feel justified in ordering more substantial support payments.
6. What’s the Current Job and Life Situation for Both You and Your Spouse?
The court will assess both your and your spouse’s current employment status and lifestyle. If you are unemployed or underemployed because you left the workforce to support your family, this will be considered. On the other hand, if your spouse has a high-paying job or significant assets, this could lead to more spousal support.
7. Do You Need Spousal Support?
Necessity plays a significant role. If you are capable of meeting your financial needs independently, spousal support may be reduced or even unnecessary. However, if you left the workforce to care for children or were financially dependent on your spouse, the need for alimony may be stronger.
8. What Was Your Prior Standard of Living?
Your lifestyle during the marriage sets a benchmark for alimony decisions. Courts aim to ensure that neither spouse experiences a drastic drop in their standard of living post-divorce. If you lived a comfortable, upper-middle-class lifestyle, the court may attempt to maintain that standard for both parties as much as possible, depending on income and resources.
9. What Are Your Reasonable Needs?
The court will determine what your reasonable financial needs are based on your living expenses, debts, and other financial obligations. This includes everyday needs such as housing, healthcare, food, and transportation. The more reasonable and necessary your financial needs, the more likely the court will award alimony to cover them.
10. Is Your Spouse Responsible for Supporting Others Besides You?
If your spouse has other dependents—such as children from a prior marriage or elderly parents—this can affect their ability to pay spousal support. Courts will weigh their financial obligations to others and may reduce alimony accordingly.
11. Would Awarding Alimony Even Out the Property Settlement?
In some cases, alimony is awarded to balance an unequal division of assets. If one spouse receives more of the marital property, the other may be granted spousal support to ensure a more equitable outcome. Courts try to avoid leaving one spouse significantly wealthier than the other, especially in longer-term marriages.
12. How Much and What Other Property Were You Awarded?
The amount and type of property you receive in the divorce can impact alimony. If you are awarded significant assets, such as the marital home or substantial savings, this may offset the need for high spousal support. Conversely, if you receive little in the way of property, you may be entitled to more alimony.
13. Was the Divorce Your Spouse’s Fault?
In states that recognize fault in divorce, misconduct such as adultery, abandonment, or domestic violence can impact alimony decisions. If your spouse’s actions caused the breakup of the marriage, the court may be more inclined to award higher spousal support. However, in no-fault states, this factor is less relevant.
The course of spousal support hinges on a multitude of factors, from the length of your marriage to your health, age, and financial standing. By understanding these 13 factors, you can better prepare for the financial outcomes of your divorce and ensure that the spousal support awarded is fair and just. Remember, every situation is unique, and a legal expert can provide the best advice based on your specific circumstances.
