By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed June 14, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, brush up on skills, complete an educational program, or raise the children; or permanent, such as when a spouse may never become self-supporting due to age or disability.
Your answers to the questions below can help you and your lawyer determine whether you're a candidate for alimony (and if so, how much), or, conversely, whether your soon-to-be-ex-spouse is, such that you will be liable for spousal support payments. FindLaw's Guide to Spousal Support pamphlet and guide to state-specific alimony laws and forms in your state are also helpful.
Answer the following questions for yourself if you think you may be entitled to alimony, or as you think your spouse would answer them if you wonder whether you may be required to pay alimony.
How long have you and your current spouse been married? _____ years Are you currently employed? Yes _____ No _____ Full time _____ Part-time _____ (_____ hours per _____) If yes, for how long? _____ years How much do you earn? $_____ per _____ For how many years of your marriage were you employed? _____ years full-time / _____ years part-time If you are not currently employed or are employed part-time, explain why. |
What post-high school education do you have? _______________________________________ What jobs did you hold before this marriage? |
Were you employed when you got married? Yes _____ No _____ If yes, what was your position? ________________________ Salary $_____ per _____ If no, explain. |
Have you obtained more education or developed new skills during your marriage? Yes _____ No _____ If yes, explain. |
Are you in good health? Yes _____ No _____ Explain any health-related limitations that may prevent you from being self-supporting. |
Explain any non-health-related limitations on your ability to be self-supporting (childcare responsibilities, current school enrollment, extended absence from the job market, the need to train to obtain skills, transportation concerns, etc.) |
Did you support your spouse while they obtained an advanced degree or professional training during your marriage? Yes _____ No _____ If yes, explain. |
Did you put your career on hold during your marriage to support your spouse's career, professional development, or business development? Yes _____ No _____ If yes, explain. |
Do you plan on working after the divorce? Yes _____ No _____ Full time _____ Part-time _____ (_____ hours per _____) Do you know what your post-divorce income will be? Yes _____ , $_____ per _____ / No _____ What are your estimated post-divorce monthly expenses? $_________/month Please itemize your monthly expenses: Can you continue the lifestyle you enjoyed during the marriage without spousal support? Yes _____ No _____ Did you enter into a prenuptial agreement before marrying your spouse that addressed spousal support in the event of a divorce? Yes _____ No _____ If yes, summarize the agreement with respect to spousal support here and provide a copy of the agreement to your attorney. |
In your opinion, can your spouse afford to provide you with financial support while maintaining a standard of living for themself similar to that enjoyed during the marriage? Yes _____ No _____ Provide any other information you believe is important to determine whether you should receive spousal support. |
Questions for my attorney: |
You will need sound legal advice if you're attempting to receive alimony payments from your former spouse. Whether it's to help supplement your income, allow you to finish school, or otherwise, it's essential to know the laws in your state and how they may apply to your situation.
Contact a local family law attorney who can explain your eligibility for spousal support. They will help you meet filing deadlines with your divorce proceedings and help you protect your rights.
Contact a qualified divorce attorney to make sure your rights are protected.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.