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 legal separation. While the specifics vary significantly by state, several factors can significantly impact your eligibility or disqualify you from receiving alimony altogether. Understanding these factors is crucial for anyone navigating a divorce. This article explores the key reasons why someone might be ineligible for alimony.
It's important to note: This information is for general knowledge and shouldn't be considered legal advice. Laws regarding alimony differ dramatically from state to state, and your specific circumstances will determine your eligibility. Always consult with a qualified attorney in your jurisdiction for personalized legal counsel.
1. Length of the Marriage:
Many states consider the length of the marriage a crucial factor. Shorter marriages, often defined as those lasting less than a certain number of years (this varies by state, often 5-10 years), are less likely to result in alimony awards. The rationale is that shorter-term marriages often haven't created the same level of economic interdependence as longer marriages.
2. Fault in the Marriage (in some states):
In some states, "fault" in the marriage can affect alimony awards. If one spouse is found to be at fault for the divorce (e.g., adultery, abuse, desertion), it might affect their eligibility for alimony or reduce the amount awarded. However, many states are now "no-fault" divorce states, meaning fault is not a significant factor in alimony determinations.
3. Earning Capacity:
This is a major factor in most states. A spouse with a substantial earning capacity, even if currently unemployed, is less likely to be awarded alimony. The court will consider your potential to earn an income, your education, job skills, and career prospects. If you have the ability to become self-supporting relatively quickly, alimony might be denied or limited.
4. Financial Resources and Assets:
Your overall financial situation, including assets, income, and debts, is carefully examined. If you possess substantial assets or have a high income potential, it's less likely you will receive alimony. Conversely, a spouse with limited resources and significant financial needs might be more likely to receive support.
5. Contribution to the Marriage:
Some states consider each spouse's contribution to the marriage, both financially and non-financially. This could include contributions to the education, career advancement, or household management of the other spouse. Demonstrating significant contributions can sometimes enhance eligibility for alimony, particularly in cases where one spouse sacrificed career opportunities to raise a family or support the other's career advancement.
6. Cohabitation (in some states):
In many states, cohabitation with a new partner after the divorce can affect alimony payments. If you begin cohabiting with someone, it can be considered a change in circumstances and could lead to a modification or termination of alimony payments. The specifics of how cohabitation impacts alimony vary widely by state.
7. Health and Disability:
A spouse with a severe health condition or disability that significantly limits their earning capacity might be more likely to receive alimony. However, the availability and extent of health insurance and other support systems may influence the court's decision.
8. Agreement of the Parties:
Spouses can often agree on alimony terms in a separation agreement or during mediation. This agreement can then be submitted to the court for approval. Reaching a mutually agreeable solution can avoid the need for a contested court hearing.
9. The "Abuse" Exception:
In some states, a history of domestic abuse by one spouse against the other may significantly impact alimony decisions, potentially favoring the abused spouse.
This information is intended for general informational purposes only, and doesn't constitute legal advice. Always consult a qualified attorney for specific guidance relevant to your situation. The laws surrounding alimony are complex and vary significantly by state.
