Questions about alimony eligibility


#1

Would my spouse be eligible for alimony? There are three things that I am not sure about.

  1. If she gets equity from sale of the marital home, does that reduce the need for alimony?
  2. If she is the one who ends the marriage and I am not at fault, does she get alimony?
  3. 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.


#2

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.

  1. 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.

  2. Fault matters when talking about alimony to some degree. However, her ending the marriage is not alone to prevent her from receiving alimony.

  3. 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.