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Alimony, also known as "spousal support," used to be much more common decades ago, in large part because it used to be the norm for a woman to have held no employment outside the home during her lifetime. When a woman and her husband divorced, a judge would order that the husband pay alimony to his ex-wife for her financial support.
Not Similar to Child Support
This financial support to a spouse has always been different from and separate from financial support for children. Alimony could be awarded to a spouse even when the marriage didn't produce any children.
Today, most states have provisions for spousal support. It in not automatic that a spouse who made less money during the marriage will be awarded spousal support. Alimony is thus not a "given;" it is awarded on a case-by-case basis. Of course, a divorcing spouse is always free to petition (ask) the court for spousal support.
The Shorter the Marriage, the Less Likely
Spousal support will most likely not be awarded if:
1. The marriage was short-lived (less than two or three years), and
2. Both the husband and wife have been and continue to be employed and self-sufficient.
Spousal support might be considered by a family law court if a spouse will undergo hardship if she or he does not receive the spousal support. The concept that a spouse needs to maintain the standard of living to which she or he is accustomed is sometimes used in the decision of whether spousal support will be awarded.
In California, for instance, no-fault divorce is the standard. When considering the issue of spousal support, judges must take several factors into account, including each spouse's health, age, employment history, and ability to earn enough income to maintain "the standard of living established during the marriage."
Example of a Disabled Spouse
For example, if the poor health of one spouse has always made it impossible for him or her to work, a judge may feel that support from the other spouse after the divorce may be appropriate.
In addition, if both spouses agree on a spousal support arrangement, the court may accept that arrangement.
There is no formula used to determine spousal support, as there often is for child support. Also, cases in which the former husband is awarded spousal support are no longer rare, as millions of women in the U.S. now make more money than their husbands. The stigma of a man asking for alimony is fading.
Talk about Alimony with an Experienced Divorce Attorney
A qualified divorce attorney can give you a complete overview of spousal support law and related issues in your state. Contact a divorce attorney in your area today, and get the answers you need.