When spouses decide to end their marriage, the issue of whether one should receive spousal support or alimony from the other is a common concern for parties. Unfortunately, in extreme cases, some fall under the misconception that being a less-earning spouse automatically entitles them to alimony.
Here are reasons why this is not always the case:
Asking first why there is a disparity
While courts do consider disparity in spouses’ incomes when deciding whether to award spousal support, they do so while taking into account other aspects of the disparity, such as its cause. Is there a disparity because one spouse assumed homemaking duties or sacrificed their career advancement opportunities for the other’s educational or career growth?
If so, courts may consider the disparity factor in favor of the spouse who made sacrifices. Otherwise, it may take other compelling factors for courts to award spousal support.
Disparity in income is not the only factor
When courts determine spousal support, it considers several factors, not only income disparity. While a significant imbalance in income does affect a court’s decision, it is only a fraction of a whole. Other relevant factors include the marriage’s length, any fault grounds for the divorce and whether the higher-earning spouse has the ability to pay spousal support, especially if they are already paying for child support.
Where do you stand?
Whether you are the spouse seeking alimony or the one at the paying end, understanding the factors that surround spousal support arrangements is essential to protect your interests and set your expectations. An experienced family law attorney may be able to help you learn more about spousal support payments and achieve your goals.
