Determining Which Spouse Will Be Awarded Alimony

After a couple makes the decision to divorce and takes the first steps in the process, there will come a point that they will need to discuss things like the division of marital property and other divorce legal matters. Depending on the couple, when they are discussing certain divorce matters, things will go smoothly, but not everyone can agree on these things and avoid a dispute. For those who are going through a high asset divorce, it can be especially difficult to work together and agree on the terms of their divorce.

All couples have the option to try to work things out themselves when they are getting a divorce. Should they find that they cannot agree on the important matters, like alimony, a judge will decide for them. Many people may be under the impression that the wife will always be the spouse to be awarded alimony when a couple divorces, but this is inaccurate.

When the courts take a look at each spouse’s individual finances and the couple’s finances as a whole, as well as a number of other factors, it may be found that the husband makes less and may not be able to support himself after the divorce is finalized. For that reason, the husband may be awarded alimony. It is the same when the courts award the wife alimony. If the husband is the higher wage earner and her ability to provide for herself after the divorce is inadequate, she will be awarded alimony.

When there is a large amount of money that could be lost by either spouse, the process could take longer than expected. Ultimately, if spouses cannot come to an agreement on how property and assets will be distributed, the courts will resolve this issue, but there is no guarantee that both will walk away with what they wanted. Regardless of what each spouse feels they should be awarded, hiring an attorney would be wise, as they can be quite helpful during the divorce process.

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