Alimony, also called aliment, maintenance, spousal support and spouse maintenance, is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country.
One spouse’s payment to the other during or following a divorce is known as alimony. The receiving spouse is meant to benefit financially from it, particularly if they were financially reliant on the other spouse during the marriage. In certain states, the goal is to preserve the recipient spouse’s standard of living at par with theirs during the marriage.
On the other hand, more stringent states such as Texas only grant benefits if they are absolutely required to support the spouse making the request.
Why does court grant alimony?
The primary objective of alimony is to furnish the financially dependent spouse with the necessary resources to sustain themselves both during and post-divorce.Courts take into account a number of factors to decide whether alimony is required and how much should be awarded.
How long do you have to be married to get alimony?
Since most states do not have a minimum marriage length requirement, eligibility for alimony is unrestricted. Nevertheless, courts typically consider a number of factors when determining whether to award alimony and how much of it, including the length of the marriage.
Length of the Marriage
Typically, the longer the marriage, the more likely it is that alimony will be awarded. This is because a longer marriage generally means that one spouse may have sacrificed their career or educational opportunities for the sake of the marriage and may need financial support to get back on their feet.
Short marriages don’t present the same issue. Thus, alimony is more likely after 20 years of marriage, for example, than if a marriage lasted 2 years.
Also, the states treat the length of the marriage differently when calculating alimony. Illinois alimony laws, for instance, are much more formulaic in how the duration of the marriage impacts the length of an alimony award. Meanwhile, other states like Ohio just use it as one of the various factors they consider when evaluating the circumstances of both parties.
What other factors affect alimony?
The exact laws vary state by state, but here are some other factors that courts commonly look at when awarding alimony payments.
Income and Earning Capacity
The income and earning potential of each spouse is one of the most crucial considerations when determining alimony. In general, the likelihood of receiving alimony increases with the size of the earning gap between the two spouses.
And this makes sense when considering the rationale behind the award of alimony: if there is a significant disparity in the incomes of the two spouses, one of them is more likely to require support in becoming financially independent.
Furthermore, states will only grant alimony in the event that the paying spouse possesses enough assets or income to cover the payments. The court may take into account each spouse’s prospective earning potential in addition to their income at the moment.
For example, alimony may be granted temporarily while one spouse reenters the workforce if they gave up their career or educational opportunities for the sake of the marriage but still have a strong earning capacity. As stipulated, most states do not have a minimum marriage length requirement to qualify for alimony.
That being said, when determining whether and how much alimony to award, courts typically consider the length of the marriage as one of the main considerations.
Age and Health
Courts also consider the age and health of each spouse when awarding alimony. If one spouse is older or has health issues affecting their ability to earn a living, they may be more likely to be awarded alimony. This becomes a more important issue for spouses near retirement age.
Contribution to the Marriage
The contribution of each spouse to the marriage is also considered when awarding alimony. This includes both financial and non-financial contributions.
When making their decision, a judge may evaluate whether a spouse has made significant financial contributions to the marriage, such as by paying the mortgage or providing for the family.
The same is true for non-financial contributions, such as taking care of the household and raising the children. If the other party has sacrificed their career or educational opportunities for the sake of the marriage, they may be more likely to be awarded alimony.
Other Factors
In addition to the factors mentioned above, courts may also consider other factors when awarding alimony, such as the tax consequences of alimony, the ability of the paying spouse to pay alimony, and any other relevant factors.
Indeed, many states’ laws include a “catch-all” factor allowing judges to consider whatever other circumstances they may find relevant to making a fair and equitable award.
How is an alimony award calculated?
How alimony is calculated varies from state to state, and in most states, there is no set formula for calculating the amount of alimony. Each case is unique and judges often evaluate the parties’ circumstances based on a broad range of factors, including those covered above.
That said, as a starting point, family court judges will typically consider the following factors when determining the amount of alimony to award to the supported spouse:
- The recipient’s basic needs, including housing, food, and healthcare
- The recipient’s earning potential, including education and training
- The paying spouse’s ability to pay, including their income and expenses
Types of alimony
There are several different types of alimony, each with its own purpose and duration. Keep in mind that the duration of the marriage could impact a judge’s evaluation differently depending on what type of alimony is at issue.
The most common types of alimony are:
Temporary alimony: This kind of alimony, sometimes referred to as pendente lite alimony, is given during the divorce process. Its goal is to assist the recipient’s spouse in covering their living expenses until the divorce is finalized.
Rehabilitative alimony: Alimony that is intended to assist a receiving spouse in obtaining the education or training required to become financially independent is known as rehabilitation alimony. Rehabilitative alimony is usually only paid for as long as it takes the recipient to finish school or acquire the work experience required to support them.
Permanent alimony: Although it is frequently granted indefinitely, it is not always paid permanently, despite its name. If one spouse passes away or the recipient remarries, permanent alimony may also come to an end. It is usually saved for long-term unions in which one partner has experienced a disability or other impediment that has prevented them from working.
Conclusion
So, how long do you have to married to get alimony.
The answer may vary depending on state laws, but most states do not have a minimum length of marriage for a party to be eligible for alimony. That said, the longer a marriage lasted, the more likely that alimony will be awarded (and in a greater amount or for a longer duration).
Also Read: Common Law Marriage in South Carolina
FAQ’s
Can I get alimony after 2 years of marriage in GA?
A marriage of three years or less is rarely awarded alimony, a marriage of ten years or less may be awarded alimony but the amount will be reduced and the period of alimony is usually about a third of the length of the marriage.
What qualifies you for alimony in FL?
Alimony in Florida are several factors, among them: The standard of living established during the marriage. The length of the marriage. Both spouse’s financial resources, including the non-marital, marital property, assets, and liabilities.
How long do you have to be married to get half of everything in California?
California is a community property state so no matter how long you were married, you are entitled to half of all marital assets. This applies only to assets acquired during the marriage, though.
Can I get alimony if I live with my boyfriend in Georgia?
In many states, alimony payments terminate if the ex-spouse cohabitates with another person. However, Georgia law does not automatically end alimony if your ex-spouse moves in with another person.
How long do you have to be married in CA to get alimony?
Generally, those who have been married for ten years or more can expect to negotiate alimony if one spouse earned the majority of the money. Those who have been married for less than ten years are not guaranteed alimony payments. The court assesses income, marriage length, and individual needs when deciding on alimony.