Key Takeaways
Key Takeaways
- A court considers the parties’ standard of living during the marriage when ordering alimony.
- Some of what you may hear about alimony are common myths.
- Just because your spouse asks for spousal support or alimony in divorce proceedings does not mean the court will order it.
- If you show the receiving spouse had a significant change in circumstances, including cohabitation, you can ask the court to lower or terminate alimony.
Navigating the complexities of alimony can be overwhelming when facing the emotional turmoil of divorce. Many individuals grapple with misconceptions that can cause financial uncertainty and prolonged distress.
If these myths remain unchallenged, they could hinder your ability to secure a fair outcome, leaving you vulnerable during a critical time. At Cordell & Cordell, we understand your struggles and are dedicated to providing the guidance you need to dispel these myths and advocate for your rights. Alimony Myths Debunked will give you a head start on easing your concerns about alimony, or as it’s called in many states, spousal support or spousal maintenance.
Myth One: Alimony is Automatic in Every Divorce
One of the most common misconceptions about alimony is that it is automatic. On the contrary, obtaining alimony in some states, such as Texas, can entail a lot of work. In other states, the courts are more apt to order alimony, but most states review the request on a case-by-case basis. Some of the factors courts might consider when determining whether it should award alimony and how much include:
- Income, resources, and assets of each party, including nonmarital assets
- Standard of living during the marriage
- Length of the marriage
- Property division
- Future earning capacity of the parties
- Educational level of the parties
- Vocational skills and employability of the parties
- Ability for a spouse to self-support themselves
- Economic impact of the divorce
- Ability to pay
- Age of the parties
- Physical, emotional, and/or mental condition of each spouse
- Needs of the requesting spouse after entry of the final judgment
- Contribution of each spouse to the marriage, including homemaking services, childcare, and helping the other spouse build their career
- Responsibilities each party will have for the minor children of the marriage, including whether a child has a mental or physical disability
These are just a few factors courts use when determining an award. Some states have a longer list of factors, while some have a shorter one.
Myth Two: Only Women Receive Alimony
Historically, only women received alimony. However, decades ago, women started working outside of the home. When it became more common for women to work, the father would often stay home with the children—if he earned less than the woman. Because of this, gender is no longer a factor in determining alimony. The courts focus on the financial needs and the paying party’s ability to make payment.
Myth Three: Alimony is Always Permanent
Most states offer either temporary or permanent alimony, though most states frown on permanent alimony—except in certain circumstances. Temporary alimony may also be referred to as rehabilitative alimony. The court determines the amount of time a spouse might require to gain education or work experience in order to become financially independent.
The court is more apt to order permanent alimony if the relationship was a long-term marriage and the requesting spouse is of a certain age or disabled. The court may also consider other factors based on individual circumstances.
Myth Four: Adultery Always Disqualifies Alimony
While adultery might be considered when a court determines alimony, it does not automatically award or disqualify alimony if one of the parties committed adultery. For example, in Florida, the courts might consider the adultery of either party if one party requests it. For instance, if someone requests alimony but their spouse can prove adultery, the court can deny alimony or order a lower award.
Myth Five: Cohabitation Automatically Ends Alimony
States vary on the cohabitation rule. In some states, alimony will end if the receiving party cohabitates with a new interest. However, the paying spouse must often request that the court enter an order ending alimony. One consideration in ending alimony payments is how the new relationship provides financial support to the recipient.
Always contact an experienced divorce attorney if you learn your ex-spouse is cohabitating. If you stop making alimony payments without permission from the court, you could face penalties and significantly harm your financial situation.
Why Work with Cordell & Cordell
Working with an experienced divorce attorney, whether during the divorce or in alimony modification proceedings post-divorce, can help you protect your rights and keep you from facing penalties. Cordell & Cordell has many years of experience handling divorces and post-divorce alimony modifications.
Client Experience
“I have worked with Kelsey twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things.” – A.O.
“I felt protected and secure with Kristine. She earned my confidence and that is really hard to do. I feel everything went well.” – Jeff S.
”Patrick is a standout. He is responsive and attentive. He was good at giving input and feedback. When it comes to men’s divorces, Patrick knows what he is doing and brought his experience to the table.” – D.J.D.
Related Resources
- 3 Reasons You May Want to Consider Spousal or Child Support Modification: You can modify child support or alimony if you or your spouse experience a significant change in circumstances, more importantly, if your income is less than when the award was first made.
- How Do Alimony Payments Work? 2024 Guide to Spousal Support: As of 2018, the Internal Revenue Service no longer considers alimony income, so it is no longer taxable. Each state has laws on what courts use to determine an alimony award. Most alimony payments are monthly unless the parties agree to other payments or a “trade” in assets for alimony.
- Will I Have To Pay Alimony?: It depends on your case. The court will review several factors related to your circumstances before it orders you to pay alimony. Those factors may prevent your spouse from receiving spousal support.
Facing Alimony Challenges in Your Divorce? We Can Help.
If you are facing alimony challenges in your divorce, contact an experienced divorce attorney to guide you. Supposing you are currently paying spousal support and need to modify it because of a substantial change in circumstances, in that case, Cordell & Cordell can help you through the often complex modification process.
Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not considered legal advice.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
