Protecting Your Rights: Spousal Support & Alimony Explained
Protecting Your Rights: Spousal Support and Alimony Explained
Are you going through a divorce and wondering if you’ll have to pay or receive spousal support?
You’re not alone.
Thousands of people ask this same question every year. But most are surprised by the answer…
As it turns out, spousal support (or alimony) is neither guaranteed nor automatic. It’s not what most people think.
Here’s what you need to know:
- Only 10% of divorce settlements provide alimony today. In the 1960s, it was 25%.
- Today, most spousal support ends in just a few years (vs. lifelong payments).
- It’s possible to appeal spousal support amounts and enforcement.
The Basic Truth Behind Spousal Support
The following are true about spousal support and/or alimony:
- Spousal support is a payment from one ex-spouse to another ex-spouse after a divorce. These payments help cover basic living expenses and the time needed to become self-sufficient.
- It’s very rare for alimony to be granted permanently. The majority of spousal support lasts for a few years at most.
- The main purpose of spousal support is to prevent unfair economic hardship after a divorce. It’s not meant to punish the paying spouse.
- The specifics of spousal support depend on individual cases and are negotiated during divorce settlements.
The bottom line is that spousal support is more flexible than most people think.
It’s not a one-size-fits-all arrangement with fixed terms. Every case is different and dependent on unique circumstances.
Working with experienced attorneys helps you understand your situation and receive the spousal support you need.
Who Really Gets Alimony and Pays?
Did you know:
- According to 45% of divorce lawyers, the number of ex-wives who pay alimony has been increasing since 2014.
It’s not just men who pay alimony. Women are increasingly in the role of “breadwinner” in marriages and pay support after divorce.
- On average, only 3% of alimony recipients are men. However, this number has more than doubled since 2005.
- In 40% of American families, women are the primary breadwinners.
- The spouse with the higher income will usually be required to pay spousal support. This is true regardless of gender.
- Gender has nothing to do with it. Income and financial need matter most.
To put it simply, men do not automatically pay spousal support just as women do not automatically receive support.
Family courts do not discriminate based on gender. They only care about your income and your spouse’s income.
If you make significantly more money than your spouse, you are likely to pay support. If your spouse makes significantly more money than you, you are likely to receive it.
The important thing is to work with trusted experts in family law who can explain where you stand financially before negotiating with your spouse.
How Does the Court Determine Amounts?
Courts use specific guidelines for determining spousal support. They look at the following factors:
- Length of the marriage
- The income and potential earnings of each spouse
- The age and health of each spouse
- The standard of living enjoyed by the couple during the marriage
- Contributions to the marriage (including homemaking)
- Time and expense required for the supported spouse to obtain training or education
Note: Spousal support laws and guidelines differ from state to state. Some states, like California, use a strict formula for determining alimony. Other states give judges more discretion.
Generally, courts award support for half the length of the marriage. So, for a marriage that lasted 6 years, the court might order 3 years of support.
For marriages of 20 or more years (in some states), support might be granted indefinitely. However, even indefinite spousal support can be modified later on if the recipient’s circumstances change significantly.
The amount of spousal support is generally 20-30% of the paying spouse’s income, but this can vary widely.
Your Rights If You Receive/Provide Support
Here are your rights as someone who might receive spousal support:
- Request temporary spousal support during divorce proceedings
- Present evidence of your financial needs
- Challenge your spouse’s claimed income
- Request a modification if your circumstances change
And here are your rights as someone who might be ordered to pay support:
- Contest the amount requested by your spouse
- Present evidence of your true income
- Request a modification if your circumstances change
- Terminate payments when legal requirements are met
Note: Don’t just assume you will or won’t receive support. Collect documents and information about your finances, lifestyle, and contributions to the marriage.
The majority of divorce cases settle out of court. In fact, 95% of divorce cases settle out of court. This means that negotiation and communication are more important than litigation.
Keep records of all your:
- Sources of income (jobs, investments, other)
- Monthly expenses and cost of living
- Contributions to your spouse’s career or education
- Any agreements or understandings reached during separation
Debunking Spousal Support Myths
Spousal support has lots of myths and misconceptions surrounding it. They can hurt your case if you believe them.
Myth #1: Spousal support is permanent
Reality: Most spousal support awards are temporary, designed to help the recipient become self-sufficient
Myth #2: Only women receive alimony
Reality: Gender does not determine eligibility for spousal support
Myth #3: You are entitled to spousal support if you earn less money
Reality: Courts look at a variety of factors, not just income
Myth #4: Adultery affects spousal support
Reality: In most states, fault does not affect spousal support decisions.
If you’re not careful, these myths and misconceptions about spousal support can cost you thousands of dollars.
The best defense against them is knowledge. The more you understand about the actual statistics and spousal support laws, the better off you are.
Steps You Can Take to Protect Your Financial Future
When you find yourself facing spousal support, there are steps you can take to protect yourself.
The first is documentation.
Collect as many documents as possible about your:
- Tax returns for the past 3-5 years
- Pay stubs and employment records
- Bank accounts and investment portfolios
- Major expenses and debts
- Separate property (assets owned before marriage, gifts, inheritances)
Once you have these, you can start to build a case for or against spousal support.
The next thing you should do is calculate your true living expenses.
When you know exactly what you spend on housing, utilities, food, transportation, insurance, and everything else, you get a true picture of your financial needs.
From there, you should consider your employment situation.
- Can you realistically increase your income?
- Do you need training or education to do so?
- Are you going to remain employed after the divorce?
If you are unable to increase your income due to health problems, age, or other factors, this should be made clear during negotiations.
Finally, be honest about your assets and income.
Courts can penalize you for attempting to hide assets or underreport your income during divorce proceedings.
The goal is to create a fair and reasonable arrangement that allows both spouses to move forward with their lives.
Preparation and honesty are your best tools for making this happen.
Wrapping It All Up
Spousal support is not the fixed, permanent arrangement that most people think it is. It is more flexible than you realize.
The key is knowing the facts and preparing for negotiations with accurate information. Your financial future depends on it.
The bottom line is this:
- 10% of divorces result in spousal support today (vs. 25% in the 1960s)
- 95% of all divorce cases are settled out of court
- Spousal support is more flexible than most people think
- Gender and fault have very little impact on spousal support decisions
- Documentation and preparation are your best tools for success.
Don’t let the myths and misconceptions surrounding spousal support influence your decisions. Educate yourself and work with qualified legal professionals who can help you protect your rights.
Your future depends on the choices you make today. Take action and make informed decisions to ensure the best possible outcome for your situation.
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