Understanding Alimony: Who Gets It and How It’s Determined

Alimony, also known as spousal support, is a financial obligation one spouse may have to support the other during or after a divorce proceeding. Understanding who gets alimony and how it’s determined is crucial for anyone going through a divorce.

Eligibility for Alimony

The eligibility for receiving alimony depends on various factors. Primarily, it’s awarded to a spouse who earns significantly less or is financially dependent on the other. The purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to that of the marriage.

Determining Factors

Several key factors influence alimony decisions:

1. Duration of the Marriage: Longer marriages often result in alimony awards, especially if one spouse has been out of the workforce.

2. Financial Need and Ability to Pay: The court assesses the financial need of the spouse seeking alimony and the other spouse’s ability to pay.

3. Age and Health of Both Spouses: Older spouses or those in poor health may be more likely to receive alimony, as their employment prospects may be limited.

4. Contribution to the Marriage: This includes not only financial contributions but also non-monetary factors like homemaking and child-rearing.

5. Future Earning Capacity: If there’s a significant disparity in the potential future earnings of each spouse, alimony may be awarded to bridge the gap.

Types of Alimony

Alimony can be temporary, rehabilitative, or permanent. Temporary alimony is awarded during the divorce process, while rehabilitative alimony is for a set period to help a spouse become self-sufficient. Permanent alimony is less common and typically reserved for long-term marriages or when a spouse cannot become self-sufficient due to age or health reasons.

Modification and Termination

Alimony is not set in stone. It can be modified or terminated based on significant changes in circumstances, such as a substantial increase in the income of the receiving spouse or the remarriage of the alimony recipient.

Get In Touch With Us

Navigating the complexities of alimony can be challenging. It’s vital to have knowledgeable legal guidance to ensure your rights and interests are protected. Rowe & Manning, located in Baton Rouge, LA, specializes in family law, including alimony cases. Our experienced attorneys are dedicated to providing personalized and effective legal solutions. If you’re facing a divorce and need guidance on alimony, contact Rowe & Manning today for a consultation. Let us help you secure a fair and just outcome in your case.