What Qualifies a Spouse for Alimony?

Marriage can sometimes create a disparity in net worth or earning ability between partners. In other cases, a divorce may leave one partner unable to meet their financial needs or face a dramatic change in lifestyle. In these cases, the financially disadvantaged partner can seek a form of payment called alimony.

Alimony can look many different ways and may be temporary, permanent, or rehabilitative. The amount and frequency of payments are tailored to the unique circumstances of each divorce case, and alimony is only awarded if one spouse is deemed able to pay and the other is deemed to be in need. Alimony is typically negotiated during divorce proceedings, although it’s possible to modify the terms of the agreement after splitting.

In general, alimony is awarded to mitigate unfair economic effects of the divorce of someone who had relied on their partner financially. Not every divorce situation will warrant alimony payments, and factors for consideration vary from state to state.

It's important to note that alimony, which might also be called “spousal support” or “spousal maintenance,” is different from child support. Spousal support is paid to an ex-spouse to support them, while child support is specifically intended to financially provide for children from the relationship.

Factors influencing alimony decisions

When determining whether or not alimony will be paid from one spouse to another and how much alimony will be paid, a court will look at a number of different factors. 

• Need and ability. The court will consider each spouse’s need and ability to pay when determining whether or not alimony is necessary and how much should be paid. If both spouses have sufficient income independently of one another, alimony is unlikely to be granted.
• The length of the marriage. The longer a couple has been married, the more effect a divorce might have on one or both people.
• The age and health of the parties. Age affects earning ability, health, and financial need. These factors are strongly considered when determining alimony.
• The standard of living during the marriage. Alimony is meant to help the lower-earning spouse maintain a standard of living similar to what they’ve become accustomed to. 
• Responsibility for children. Childcare and custody are also taken into account—separately from child support considerations. A court may also consider if a spouse stopped working or won’t be able to work in the future due to childcare duties.
• Contributions to the marriage. Additional non-financial contributions to the marriage will be considered. This includes a spouse supporting the other through school, quitting work to care for children, parents, or the home, or contributing money to the other’s education or business without being repaid.
• Education and earning potential. Each spouse’s current level of education, earning potential, and ability to find a job will be taken into consideration when determining alimony. Other sources of income, such as passive income or inheritance, may also be considered.

The court awarding spousal support has discretion on how to value each factor used when making a final decision. Some states have formulas for calculating alimony. These calculators may compare the monthly income of each spouse and then award a percentage of the difference to the lower-earning spouse.

Types of spousal support

While different states have different rules regarding alimony, there are a few common types of alimony payments that could be awarded. Some types of alimony are regular and permanent, while others are temporary or only required for a set period of time. The type of alimony awarded will depend upon your unique circumstances and the court’s discretion.

Temporary spousal support

The term “temporary spousal support” typically describes alimony paid to cover the immediate, short-term needs of the spouse seeking support during the divorce process. This type of alimony ends when the divorce is finalized.

Temporary spousal support may be paid in addition to any other type of support negotiated in the divorce settlement.

Periodic spousal support

Periodic spousal support is awarded to a spouse for a period of time or under specific conditions. For example, a spouse may receive periodic alimony for a set amount of time after a divorce. It would end if the spouse receiving it gets married or dies.

Rehabilitative spousal support

Rehabilitative spousal support is awarded to help one spouse accomplish a specific goal. It may be awarded to a spouse until they can gain employment, finish school, or upgrade their skills in order to find a job and become self-sufficient. 

Permanent spousal support

Permanent spousal support is alimony that goes to support the other spouse indefinitely. A court may award permanent spousal support after a long marriage or if a spouse cannot become self-sufficient due to age or disability. This type of spousal support is less common than others.

Reimbursement spousal support

Reimbursement alimony is intended to repay one spouse for contributions to the marriage. This type of alimony can be complicated to calculate. For example, reimbursement may be granted if one spouse works on a large home project, helps out in the other spouse’s business, or puts in other time, effort, or money to support the other partner.

What disqualifies you from alimony

Just as there are a number of factors considered when determining if a divorced couple is subject to alimony, there are also many circumstances that can disqualify someone from receiving alimony.

Infidelity

In some states, particularly those that allow for “fault-based” divorces, infidelity may disqualify someone from receiving alimony. The majority of states do not consider marital misconduct when determining alimony.

Remarriage

If the spouse receiving alimony remarries, alimony will likely be terminated. This is because the financial support responsibility shifts to the new spouse.

Cohabitation

If the receiving spouse begins living with a new partner, they may be disqualified from continuing to receive alimony. Or, they may receive a lesser payment. Similar to remarriage, the assumption is that living with a new partner decreases the recipient spouse’s financial burden. 

Abuse

In some states, abuse or domestic violence may be considered when deciding whether or not to award alimony. 

Economic misconduct

In some states, a court might consider whether or not the spouse requesting alimony has committed economic misconduct. For example, if a spouse hid assets or squandered shared funds, they may become ineligible for spousal support.

Employment status

If the spouse receiving alimony is unemployed or underemployed by choice and not necessity, that will be weighed against the amount of alimony awarded. Courts expect people to make a reasonable effort to support themselves. 

Deadline missed

Some states have a set deadline for when alimony must be requested. If someone requests spousal support after that deadline has passed, they may no longer be eligible. 

Death of payer

If the spouse who is paying alimony dies, the estate doesn’t have to continue the spousal support. 

State-specific guidelines

Spousal support, qualifications, and disqualifications are all regulated by state law. Each state—and even individual courts and judges—may have different societal values and economic realities that affect how they decide and award spousal support.

Some states use straightforward calculations to determine the amount of alimony paid, whereas others use legal precedent and traditional values. Some states consider “fault-based” divorce and whether one partner cheated on the other.

(Note that if alimony is granted, moving to a different state will not affect the spousal support. Those payments are still regulated by the laws of the state that granted them.)

Here are a few state-specific alimony laws.

California: domestic violence

In the state of California, a court may consider an allegation of domestic violence and choose not to award alimony to the spouse who has been accused of abuse. 

New York: avoiding public assistance

One of the factors considered in New York is whether or not the divorce will cause one spouse to need funds from public assistance. If that is a likely scenario, alimony will probably be awarded to that spouse. 

Texas: alimony limitations

For alimony in Texas, the state has set a maximum payment amount. Monthly alimony payments cannot exceed $5,000 or 20 percent of the supporting spouse’s average monthly gross income, whichever is less. 

Ask an alimony attorney if you qualify

There are so many different factors that go into determining whether or not someone is eligible for alimony, and navigating the different laws of each state can be confusing. You don’t have to go through this process alone.

An experienced alimony attorney can help you figure out whether or not you are eligible to receive or pay spousal support based on local laws and tailored advice.

Assessment of eligibility

One of the first things your alimony attorney will do is to talk to you in-depth to understand your specific situation. This will help them to determine whether or not you might qualify for alimony or spousal support.

Understanding state laws

Because laws vary from state to state, it’s important to work with an attorney in the state where you live or, more specifically, the state where you’ll be getting your divorce. A local attorney will know the ins and outs of your state’s laws regarding spousal support payments and how they apply to your unique situation.

Strategic advice

Whether you’re looking to receive alimony payments or to avoid paying spousal support, an experienced attorney can offer you strategic advice to accomplish your goal. They can also offer you advice on how to manage financial records and other documentation that will support your case.

FAQs

When does alimony start?

Temporary alimony is typically awarded during divorce proceedings and a permanent order may take effect once the divorce is finalized. The specific circumstances will depend on many factors.

How is the amount of alimony determined?

Spousal support is regulated by state law, and therefore, there is no one way to determine the amount of alimony that will be required. Some states use formulas, while others weigh a variety of factors.

How can I avoid paying alimony?

What disqualifies you from alimony varies from state to state. The most certain way to not pay alimony is to have a signed prenuptial agreement stating that upon divorce, no alimony will be paid. If you don’t have a prenup, you can negotiate with your partner and try to come to an agreement. If no agreement is reached, the decision will be made by the courts. Once alimony has been granted, there is no way around paying it unless a disqualifying event can be proved or a life change can be used to lower payments.