Did you know that 40–50% of first marriages end in divorce and 60–67% for second marriages? For some of them, financial support is one of their biggest struggles. Alimony, also known as spousal support, is when one spouse provides financial support to the other spouse during or after a divorce or separation.
The purpose of alimony is to help the supported spouse maintain a similar standard of living to what they had during the marriage, especially if they were financially dependent on the other spouse. Orange County lawyers assert that alimony in California is highly complex, as many factors are weighed before the courts decide whether you pay alimony and how much.
If you’ve ever wondered what would disqualify someone from receiving alimony, the reasons may surprise you. From lack of financial need to more complicated circumstances like adultery or cohabitation with a new partner, let’s look at these factors below.
Lack of Financial Need
If you no longer require financial support from your ex-spouse, you may be disqualified from receiving alimony.
In deciding on spousal support, the court looks at many things, including how much money the person getting it needs. If you can manage on your own money-wise after the divorce, the court might decide you don’t need alimony.
To assess your financial needs, the court looks at your income, assets, employability, and way of life during the marriage. If these factors indicate that you can maintain a similar lifestyle without alimony, the court might not grant it.
Be transparent about your financial situation during divorce proceedings. It can have legal consequences if you attempt to hide assets or misrepresent your financial status to continue receiving alimony unjustly. Honesty and full disclosure regarding your financial circumstances are important to guarantee a fair resolution in alimony matters.
Adultery or Infidelity
In cases where one spouse has been unfaithful, courts may view this behavior as a violation of the marital contract, potentially leading to the denial of alimony. The reason behind this decision is often based on the idea that alimony is intended to support the financial needs of a spouse who’s been economically disadvantaged by marriage, and infidelity can be seen as a breach of the trust and commitment that upholds this support.
If you’re the spouse who committed adultery, it could reduce or even eliminate your chances of receiving alimony. But if you’re the innocent party, proving the adultery of your ex-spouse might strengthen your case for alimony by pointing out their misconduct. The impact of adultery on alimony eligibility can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the divorce is taking place.
Cohabitation With a New Partner
Living with a new partner while going through a divorce may signal to the court that you no longer require financial support from your ex-spouse. This cohabitation implies a shared financial responsibility and support system, potentially affecting the need for alimony.
If you’re living with someone new and sharing expenses, the court may view this as a change in your financial circumstances. This change could influence the court’s decision on whether you still require financial assistance from your former spouse.
Be mindful of this during your divorce proceedings, and consider how your living arrangements may affect your financial support moving forward.
Self-Sufficiency
Courts usually expect that after a divorce, both individuals will become self-reliant financially.
If you can support yourself through employment or other means, you may be disqualified from receiving alimony. Factors such as your education, work experience, age, health, and the job market in your area will be included to assess your ability to achieve self-sufficiency.
Seek employment and make efforts to improve your financial situation to demonstrate your commitment to becoming self-supporting. Engaging in activities that hinder your ability to become self-sufficient, such as purposefully remaining underemployed or voluntarily quitting your job, could negatively impact your chances of receiving alimony.
Prenuptial Agreements
To understand the impact of prenuptial agreements on alimony eligibility, consider their legal significance in divorce proceedings.
Prenuptial agreements, commonly known as prenups, are legal documents that couples create before marriage to outline the division of assets and potential alimony in case of divorce. When it comes to alimony, prenups determine whether someone is eligible to receive financial support post-divorce.
If your prenuptial agreement includes specific clauses addressing alimony, it can disqualify you from receiving alimony or limit the amount and duration of support. Courts generally uphold prenuptials as long as they’re entered voluntarily, without force, and with full financial disclosure from both parties. You may find yourself disqualified from receiving alimony during a divorce if your prenup clearly states that neither party is entitled to alimony or sets strict limitations on it.
Carefully review the terms of your prenuptial agreement and consult with a legal professional to understand how it may impact your eligibility for alimony.
Conclusion
Several factors can disqualify a person from receiving alimony. It’s important to understand the laws and regulations surrounding alimony in your state to determine if you qualify for this type of financial support. Make sure to consult with a legal professional for personalized advice on your specific situation.