What are the standards for determining alimony (spousal maintenance or support)?

Before we answer that question, remember that every case is different. You should get advice from a lawyer regarding your situation and if it will affect your ability to get alimony.

Here are the standards for determining alimony:

  • Need
    • You must show a need for support. Are you able to cover your own expenses? If so, you may not have need for support.
  • Can you pay?
    • Does your spouse have the ability to pay? If your spouse cannot pay his/her own bills, he/she may not be able to pay your support.
  • How long was the marriage?
    • Marriages can be classified as short-term (less than 7 years), moderate-term (7-17 years), and long-term marriages (greater than 17 years). A long-term marriage is more likely to result in a stronger case for alimony for the lower-earning spouse.
  • Each party’s health and lifestyle
    •  Other factors such as health, age, and lifestyles of both parties can affect alimony.


No blog advice is ever a good substitute for sitting with an Alimony Attorney.  Contact the Family Law Attorneys at Brandon Legal Group for legal support during your divorce.