Alimony or spousal support (they are synonymous terms) is based upon your ability to prove 1) a need for financial support that is greater than your ability to support yourself from your own income; and 2) your spouse's ability to pay you support while at the same time still being able to meet his personal expenses. Another way of stating it is this: if your husband barely makes enough money to support just himself, then there is no ability to pay support to you, and it's highly unlikely you will be paid any alimony. Technically, the court can also "attempt to equalize the parties' respective standards of living," which often means that the court will balance the parties' comparative poverty. Let me give you an example: you have no job and are totally financially dependent on your husband. Your husband can survive on $2500 a month, but earns $3500 a month. Your husband can easily spend $3500 a month on reasonable and legitimate expenses, but given that you are totally dependent on him financially, the court could order him to pay as much as $1000 to you to give you some help. It is unlikely that you could survive on $1000 a month, but the court is simply doing the best it can to make the best of a bad situation all around. Many women complain about being totally dependent upon their husbands financially and then disillusioned by the fact that (although they know the husband doesn't have a lot of money to pay in the way of alimony) the husband pays little to no alimony. I often have to remind this kind of client that the courts ability to award alimony is limited by the amount of money the other spouse has. Courts do not have a magical ability to create more money income them of the spouse actually has.
Answered on Sep 30th, 2013 at 1:23 AM