Divorce alimony is an unfamiliar topic to most people considering divorce. Divorce laws are designed to help spouses divide property and apportion alimony (a.k.a. spousal support) so that each spouse can continue to live in the lifestyle to which s/he has become accustomed during a marriage. Every state is different in how and when spousal support is established. Some newer state laws are intended to discourage spousal support and encourage self-sufficiency. Some older state laws may still be sexist in their interpretation of spousal support in favoring women over men. In most states, spousal support can be awarded to either a husband or wife.
Income History
In deciding a spousal support award, the key factors are typically income history and income potential. A spouse who historically made significantly more income than another spouse may need to pay a percentage of spousal maintenance after the divorce. It is common for one spouse to work while another pursues a higher education degree or more sophisticated training. Once the education is complete, a spouse may end up with a higher paying job than he could have had otherwise. The spouse who supported the student spouse may be rewarded for her contributions to the success of the student spouse and may end up with spousal support because her efforts made the higher income possible.
Income Potential
A spouse who stayed out of the work force to raise children or to care for the working spouse is usually rewarded for his/her contributions to the marriage by an award of spousal support. If the spouse who stayed home to care for children is young and still able to work, the spousal support will likely only be awarded for a limited time. Usually a vocational assessment is done to determine what jobs are available for the spouse re-entering the work force and what education may be necessary in order for the spouse to be hired. A court will consider the time it would take for training/education and a job search and will usually set spousal support that will allow a spouse to receive support until s/he can become self-supporting in a new occupation.
Permanent Spousal Support
A spouse who is near or at retirement age may need spousal maintenance for life. As generational standards change, more women may be in the work force and may have their own pension and retirement plans. Many women today though may face retirement after not working during their marriage because they were taking care of a home and family. They don’t have retirement plans or pensions to support them in their retirement years and must be awarded spousal support in a divorce to compensate for that loss of potential income.
Getting Legal Help
Spousal support laws vary greatly from state to state. Specific considerations for how and when spousal support is established are different and an experienced family law attorney can offer an estimated amount of support for any particular family situation.
