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Do I qualify for alimony after divorce?

On Behalf of | Feb 17, 2023 | Divorce |

Going through a divorce can be an emotionally and financially draining experience. It can be particularly challenging if you have been financially dependent on your spouse throughout your marriage. In such cases, alimony can be a crucial source of financial stability post-divorce. However, not everyone is eligible for alimony, and the process of determining eligibility can be complex.

Here are some of the factors used in determining alimony

Length of marriage

In most cases, longer marriages are more likely to result in alimony payments. This is because each spouse’s financial and non-financial contributions are typically more intertwined in longer marriages, making it more difficult for the lower-earning spouse to become financially independent after divorce.

Income and earning potential

If one spouse earns significantly more than the other, the lower-earning spouse may be eligible for alimony. Additionally, if the lower-earning spouse has limited earning potential due to age, health or other factors, they may also be eligible for alimony.

Financial needs and obligations

Each spouse’s financial needs and obligations are also considered when determining alimony eligibility. If one spouse has significantly higher expenses, such as medical bills or childcare costs, they may be eligible for alimony.

Contribution to marriage

The contribution of each spouse to the marriage includes financial and non-financial contributions, such as caring for children or managing the household. If one spouse has made significant contributions to the marriage, they may be more likely to receive alimony.

Other relevant factors

The judge has the discretion to look at any other factors they may consider pertinent. Some applicable factors they may consider to determine if alimony is necessary include; additional income, tax penalties, asset division and employability.

If you are going through a divorce and are financially dependent on your spouse, you may be eligible for alimony. However, the judge will also consider the above factors when determining your eligibility. For these reasons, consider seeking legal guidance to protect your financial future.