With dual-income households increasingly common and traditional marital roles evolving, many people assume that alimony is no longer a reasonable expectation in modern times. Yet spousal support remains an important part of divorce law.
Depending on a divorcing couple’s circumstances, requiring one spouse to provide financial support to the other may still be appropriate.
Alimony is sometimes still reasonable and/or necessary
One common situation – in which alimony remains a reasonable expectation – involves a significant income disparity. If one spouse earns substantially more than the other, an immediate transition to complete financial independence may not be realistic. This can be especially true after a lengthy marriage in which a couple established a particular financial arrangement.
Career sacrifices also matter. One spouse may have left the workforce, reduced working hours or declined promotions to raise children or support the other spouse’s career. After years away from full-time employment, that person may need time to develop skills, pursue education or rebuild earning capacity. Temporary or rehabilitative support may help make that transition possible.
Age and health can also influence whether support is reasonable. A spouse divorcing later in life may have limited opportunities to establish a new career before retirement. Similarly, health problems or disabilities can affect a person’s ability to become self-supporting.
Sometimes, spouses even proactively craft a spousal support arrangement to allow one spouse to buy out the other’s share of a business, home equity, etc.
Spousal support is not necessarily intended to provide a recipient with a permanent substitute for employment. Depending on applicable law and individual circumstances, support may last for a limited period, continue longer after a lengthy marriage or sometimes be unavailable altogether.
For couples currently considering divorce, an experienced family law team can evaluate whether spousal support is a realistic expectation, estimate how various factors may affect an award and help pursue an arrangement that reflects the financial realities of the divorcing spouses at issue.