What Disqualifies You From Alimony?
Alimony, also known as spousal support, is a payment made by one spouse to the other after a divorce or separation. While the specifics vary significantly by state and the circumstances of the marriage, several factors can disqualify or significantly reduce the likelihood of receiving alimony. It's crucial to understand that these factors are not absolute disqualifiers; judges consider them on a case-by-case basis, weighing them against other relevant evidence.
Important Note: This information is for general knowledge and educational purposes only and should not be considered legal advice. Consult with a qualified attorney in your jurisdiction for advice tailored to your specific situation. Laws regarding alimony vary greatly by state and are subject to change.
Common Factors that Can Reduce or Eliminate Alimony Awards:
1. Adultery or other Marital Misconduct:
While not universally a disqualifier, evidence of adultery or other significant marital misconduct (such as abuse or abandonment) by the spouse seeking alimony can negatively impact their claim. The extent to which this affects the outcome depends on the specific state's laws and the judge's interpretation of the evidence. Some states might completely bar alimony in such cases, while others might consider it a factor in reducing the amount or duration.
2. Sufficient Income and Assets:
If the spouse seeking alimony has sufficient income or assets to support themselves adequately, the court may deem alimony unnecessary. This assessment involves considering the spouse's earning capacity, employment history, financial resources, and overall financial situation. The ability to maintain a similar lifestyle to the one enjoyed during the marriage is often a key factor.
3. Cohabitation:
In many states, cohabitation with a new partner can significantly impact or even terminate alimony payments. The definition of cohabitation varies, but generally, it involves a significant romantic relationship where the couple shares a residence, finances, and other aspects of daily life. The spouse paying alimony often argues that the recipient’s cohabitation reduces or eliminates their need for financial support.
4. Voluntary Unemployment or Underemployment:
A spouse who voluntarily quits their job or chooses underemployment without good cause may face a reduction or termination of alimony payments. The court expects both spouses to make reasonable efforts to support themselves financially. However, legitimate reasons for unemployment, such as illness or childcare responsibilities, might be considered.
5. Significant Differences in Income and Assets during Marriage:
In some jurisdictions, a substantial disparity in income and assets accumulated during the marriage is a factor considered in awarding alimony. However, even with significant differences, other factors can outweigh this consideration. For instance, if the spouse seeking alimony has substantial assets or earning potential, the court might determine that alimony isn't necessary.
6. Length of the Marriage:
Shorter marriages often result in less likelihood of awarding alimony, especially if the spouse seeking support has the ability to support themselves financially. Longer marriages may warrant alimony for a longer period.
7. Fault in the Marriage (beyond adultery):
In some jurisdictions, the court may consider the contributing factors to the marriage's breakdown. While not always a decisive factor, demonstrable fault (beyond adultery) by the spouse seeking alimony could reduce their chances of receiving support.
8. Health and Disability:
Ironically, a spouse's severe health issues or disability can sometimes work against receiving alimony if it is determined that the illness is not related to the marriage and the other spouse's income is insufficient to provide support. Conversely, a significant disability acquired during the marriage may work in favor of receiving alimony.
How are these factors considered?
Judges consider all relevant circumstances when determining alimony. This is highly fact-specific. Factors such as the length of the marriage, the standard of living during the marriage, the earning capacity of each spouse, the contributions of each spouse to the marriage, and the needs of each spouse are all taken into account.
It is vital to seek legal counsel to understand your specific circumstances and the likelihood of receiving alimony based on the laws in your state.
