How Is Alimony Determined in Divorce, and What Are the Legal Criteria?
Alimony, also known as spousal support, is an important financial consideration in divorce cases. When a marriage ends, one spouse may be required to provide financial support to the other to maintain a similar standard of living. However, the process of determining alimony isn’t straightforward. Understanding the process can help you traverse your situation with clarity.
Alimony isn’t automatically granted in every divorce. Several factors come into play to assess whether alimony is appropriate and how much should be awarded. These factors can vary by jurisdiction, but certain legal criteria are often used in determining the amount and duration of alimony.
Attorney Jeanine Anderson of Anderson Barkley, LLC in Denver, CO is here to explain the process.
Legal Criteria for Determining Alimony
When courts are asked to determine whether alimony is appropriate, they look at several key factors. These include the duration of the marriage, the financial needs of each spouse, their earning capacities, and the standard of living established during the marriage. The goal is to create a fair solution for both spouses. Here are some commonly considered factors:
Duration of the Marriage
Generally, the longer the marriage, the more likely it is that alimony will be awarded. This is because long-term marriages often lead to more significant financial interdependence between spouses. Additionally, long marriages tend to involve a higher standard of living, which one spouse may have difficulty maintaining after divorce without financial support.
Short marriages: In shorter marriages (typically under five years), alimony is less likely to be awarded. However, if there’s a significant imbalance in the financial situation between the spouses, it could still be considered.
Long-term marriages: In marriages lasting 10 years or more, courts are more likely to award alimony, as one spouse may have sacrificed career opportunities or professional development to support the family or maintain the household.
Financial Needs
A critical factor in determining alimony is the financial situation of both spouses. This includes the income, assets, and overall financial health of each party. For the spouse seeking alimony, the court will look at their financial needs, taking into account the cost of living and the standard of living during the marriage.
The paying spouse’s ability to meet these financial needs without facing undue hardship is also a consideration. If the paying spouse has the financial means to support the other spouse without jeopardizing their own well-being, they may be ordered to pay alimony. On the other hand, if the paying spouse is unable to provide support, the court may reduce or deny alimony.
Earning Capacity
If one spouse has the ability to earn a sufficient income, either through existing skills or the potential for employment, this will influence the alimony decision. Courts generally prefer to award rehabilitative alimony, which gives the lower-earning spouse time to gain the skills or education necessary to support themselves.
Factors such as:
Age and health: Older spouses or those in poor health may have more difficulty finding work and may be entitled to longer or higher alimony.
Education and work experience: If one spouse has a higher level of education or specialized work experience, they may have a higher earning potential that could reduce their need for alimony.
Efforts to find work: If the requesting spouse is not making an effort to become financially independent, alimony may be reduced or denied.
Standard of Living During the Marriage
The standard of living during the marriage plays a large role in determining alimony. The goal of alimony is to help the receiving spouse maintain a lifestyle similar to what they were accustomed to during the marriage. However, it’s important to note that the court doesn’t necessarily guarantee a 50/50 split of the lifestyle enjoyed during the marriage.
Instead, alimony should aim to allow the recipient to live reasonably in relation to the marital standard of living. If the receiving spouse is accustomed to a high standard of living, the paying spouse may be required to contribute more. That said, if the marriage was financially modest, the award might be smaller or even nonexistent.
Types of Alimony
Alimony isn’t a one-size-fits-all arrangement, and there are different types that may be awarded depending on the circumstances of the divorce. These include:
Rehabilitative Alimony
Rehabilitative alimony is typically awarded when the court believes the receiving spouse has the ability to become self-supporting in the future. This type of alimony is often temporary and provides financial support while the recipient spouse gets the education, training, or experience needed to re-enter the workforce.
Rehabilitative alimony is commonly awarded in situations where one spouse left their career to care for children or support the other spouse’s career. The length of rehabilitative alimony depends on how long it’ll take for the receiving spouse to become financially independent.
Temporary Alimony
Temporary alimony is granted on a short-term basis during the divorce process. It’s meant to help the receiving spouse with their immediate financial needs while the divorce is pending. This alimony typically ends when the divorce is finalized or when the court orders a new arrangement.
Permanent Alimony
Permanent alimony is less common today but may still be awarded in cases where a marriage lasted many years, and the spouse requesting alimony is unable to become financially independent. In these cases, the court may award lifelong support. This can be adjusted over time for significant changes in either spouse’s financial situation, such as retirement.
Lump-Sum Alimony
Instead of ongoing payments, some spouses may agree to a lump sum alimony payment. This is a one-time payment intended to cover the financial needs of the receiving spouse, and it may be used when the paying spouse can’t afford regular alimony payments or when a clean break is desired. Once the lump sum is paid, there’s no obligation to continue support.
Modifying or Terminating Alimony
Alimony orders aren’t necessarily set in stone. If a significant change occurs in either spouse’s circumstances, the alimony arrangement can be modified. Common reasons for modification include:
Changes in income: If the paying spouse loses their job or experiences a significant income reduction, they may request a reduction in alimony payments. Conversely, if the receiving spouse experiences a financial windfall, the paying spouse may seek a decrease.
Co-habitation: If the spouse receiving alimony starts living with a new partner, it could impact the need for continued support.
Remarriage: Remarriage often leads to the termination of alimony. However, this depends on the terms set in the divorce decree.
Legal Considerations and Challenges
Alimony can be a contested issue in divorce proceedings. Both spouses may not agree on the amount or duration of alimony, and this can lead to lengthy negotiations or litigation. Having an attorney who understands the nuances of family law can help both parties understand their rights and responsibilities regarding alimony.
One challenge that arises in many cases is the question of fairness. Both parties may feel that the alimony decision is unjust, either because one party feels they’re being unfairly burdened with support payments or because the receiving spouse feels they’re not receiving enough. In such cases, it may be necessary to appeal the decision to a higher court or seek a modification.
Contact a Divorce Lawyer Today
If you’re facing a divorce and have questions about alimony or other aspects of family law, Anderson Barkley, LLC is here to help. Reach out today for services in Denver, Colorado, and the surrounding areas of Denver, Jefferson County, Douglas County, Arapahoe County, Larimer County, and Boulder County, Colorado.