Would my spouse be eligible for alimony? There are three things that I am not sure about.
- If she gets equity from sale of the marital home, does that reduce the need for alimony?
- If she is the one who ends the marriage and I am not at fault, does she get alimony?
- We have been married for 10 years and she is better off financially now than before we married while I am worse off. Does that make a difference?
Thank you in advance for your response.
For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details. This should shed some light on whether she is entitled to alimony or not, but the answers to your questions are below.
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No, ED is separate from alimony. Taking her marital share from the equity of the marital home doesn’t usually have an impact on an alimony award.
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Fault matters when talking about alimony to some degree. However, her ending the marriage is not alone to prevent her from receiving alimony.
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This doesn’t necessarily matter, alimony is about providing support to the financially dependent spouse, and considers what the standard of living is during the marriage.