Will You Have to Pay Alimony After a Divorce?

Divorces can be stressful, and the money aspect of a divorce is almost always the most painful part of the divorce process. Many people are terrified that they won’t be able to support themselves after a divorce. This can be a common concern for those who have been in the home for a long time caring for children, and it can be a concern for those who are not sure that they can afford to pay for the support of a spouse after a divorce due to changed circumstances.

You will need to secure a skilled and experienced divorce lawyer to ensure that you do not run into financial difficulties after your divorce. This is a concern that can impact either spouse involved in a divorce, which is why alimony is often a worry for both sides of the divorce process.

Why is Spousal Maintenance, or Alimony, Granted as Part of a Divorce?

Spousal maintenance is the actual name of alimony when it is being discussed as part of divorce. This is a payment that is made to a husband or wife after a divorce to allow them to continue to support themselves when they are no longer married.

This payment is evaluated on a case-by-case basis by the judge who is presiding over the divorce. In most cases, spousal maintenance is not granted because the person is of an age where they can secure employment after the divorce, or because they are going to be receiving child support as part of the divorce.

Spousal maintenance is often necessary if one of the spouses cannot secure work for one reason or another. Being unable to seek gainful employment following a divorce is more common in couples that are older when they divorce. For those who have remained in the home to care for children or who have not worked due to some kind of physical or health-related condition, finding employment might be impossible, hence spousal support.

What Are the Factors That Might Lead to a Ruling to Provide Alimony?

There are various kinds of factors that judges will keep in mind when they are looking into the issue of alimony. These factors will all be considered by the judge who is looking at your divorce case. You and your spouse do not have to share a bunch of rental properties or investments, so one of you needs to receive alimony after the divorce.

Even if only one of these factors is present in your case, it will still be taken into consideration as the divorce settlement is created by the judge looking at your case. However, make sure that you do not count on alimony as your only means of support. Spousal support is not granted as part of every divorce settlement.

1.      Earning Capacity

If you have a college degree or skills that might be sought out by employers, you are not very likely to be awarded spousal support. Earning capacity is looked at on both sides of a divorce to figure out if either of the parties will need support after the divorce. Working spouses will typically be required to pay alimony to their former spouse who was a homemaker or who was never employed due to health or other reasons.

2.      Property Division

Most couples own property together, and that property almost always has to be sold or somehow divided between the two spouses during the divorce. The question of dividing up property can be even more complicated if the property provides income. This can be common in the case of rental properties, which generate income for both parties while they are married.

Property division can be tough for so many reasons during a divorce, which means that the judge will look at an equitable solution that provides both parties with a place to live following the divorce if possible, and they will also try to ensure that both parties will be able to earn a living off the properties they jointly owned.

3.      Standard of Living During the Marriage

The standard of living that was enjoyed by both parties during the marriage is also a factor that is used to determine if alimony will need to be awarded to one of the spouses. Missouri law is concerned with what is “equitable” and fair. This means that the judge will try to ensure that the standard of living of each spouse can be maintained following the divorce, if possible.

Since the standard of living is often directly impacted by the earning power of the spouses, if one spouse is not able to earn a living, this factor is the one that rises to the top for the judge who is looking at the case. While no spouse who is getting divorced is promised a profitable life where all of their needs are met with ease after a divorce, the judge will try to ensure that both spouses can at least maintain the essentials that they are used to enjoying.

What Can a Lawyer Do For You?

Having a skilled lawyer working on your divorce is important for so many reasons. Your lawyer will work hard on your side to ensure that you get a divorce settlement that is ideal for your needs. If spousal support might be involved in your divorce, your lawyer will ensure that the amount that you receive is correct for your needs.

If you are the one who will be paying spousal support, your lawyer will ensure that you can afford the amount of the award, and they will also work hard to ensure that the judge has the correct information about your financial situation in hand as they make their decision.

While it is technically possible to navigate the divorce process without a lawyer on your side, you should avoid leaving your divorce up to chance. A lawyer can provide you with peace of mind about your divorce throughout the entire process, and they will work hard to make sure that you are not asked to pay spousal support that you cannot afford.