Can I Get Alimony in Divorce?
When clients come in to talk with us about divorce, we are often asked whether they can get alimony or “spousal support”. Contrary to child support, alimony is intended to support the spouse. It can be ordered in those cases in which one spouse has “need” and the other spouse has the “ability to pay”. “Need” does not mean poverty, but instead, “need” considering the standard of living the parties had during the marriage. Likewise, “ability to pay” also must consider whether that spouse can pay alimony to the other spouse and still meet his/her own needs considering the standard of living the parties had during the marriage. This often requires the Court to perform a balancing test, comparing the income versus expenses of both…
