Who Qualifies for Alimony

The question of who qualifies for alimony is not an easy one to answer. A number of factors are considered by the Court when deciding whether and for how long to award alimony.

Determining alimony is complicated.

What is Alimony?

Alimony, or maintenance, is financial support paid by one spouse (or former spouse) to the other. Both men and women are eligible to receive alimony payments. In fact, there are more men receiving alimony than in the past.

Factors Determining Who Qualifies for Alimony

Judges are given a lot of discretion when deciding who qualifies for alimony. They will consider the following factors when making their decision:

• Length of the marriage
• Standard of living the couple had while together
• Income of each person
• Employability of the spouse requesting alimony
• Whether the spouse requesting alimony has health issues

In some states, the Court will also consider fault when making a ruling about alimony. Like child support, an award for alimony will be made based on ability to pay.

Permanent Alimony

In recent years, the trend has been to award alimony for a specific time only. In a situation where one spouse has been a full-time parent, the other one may be ordered to pay alimony until the youngest child reaches a certain age. Another situation where alimony may be ordered is where one spouse needs time to become self supporting. In that situation, temporary alimony may be ordered.

The Court will likely not order permanent alimony unless the parties were involved in a long-term marriage where one person stayed at home. Permanent alimony refers to payments that will be made indefinitely. However, that doesn't mean that the recipient will be getting a check every month for life.

Permanent alimony can be changed or revoked if there is a change in circumstances. If the paying spouse loses his or her job or the recipient's income level increases significantly, this may be grounds to change the order for alimony. A motion will need to be brought before the Court to change the amount payable.

Alimony is not paid from the paying spouse's estate if he or she dies. It's a very good idea to include a provision that a life insurance policy be put in place for the paying spouse for the total amount of alimony that he or she could be expected to pay. That way, the recipient receives the full expected amount.

Alimony to Preserve Recipient's Standard of Living

The Court may award alimony to one spouse to preserve the standard of living that he or she had while married. In that situation, the Court will consider:

• Housing
• Number of vacations taken annually
• Vehicles the couple owned
• Amount the couple spent on essential items and non-essential ones

Income tax returns and bank statements may be used to determine what the couple's standard of living was during the marriage. If, after separation, one party's standard of living is significantly lower than during the marriage, the Court may order that alimony be paid so that he or she can continue to enjoy the same standard of living as while married.

Rehabilitative Alimony

This form of alimony is given for a short time to allow the recipient to upgrade his or her education or to find a job. It may take the form of a lump sum payment or monthly payments. It is considered appropriate in situations where the recipient put his or her education on hold to support the family and now needs to upgrade his or her skills to be employable.

Seeking Legal Advice

Any decision about who qualifies for alimony needs to be made on a case-by-case basis. For more information about alimony in your state, please consult a licensed attorney.

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