Alimony

The term alimony is interchangeable with "spousal support," "maintenance, "spousal maintenance," and "support alimony." They mean exactly the same thing.

Although some states have a calculator for alimony similar to child support, neither Oklahoma, Arkansas, nor Missouri have a formula or calculator.

This means that alimony awards can very widely even in cases that seem like they are identical.

There are factors that courts consider. Generally, alimony requires 1. need and 2. ability to pay.

An alimony claimant may be able to show a compelling need, but if their spouse is indigent or on a fixed or limited income, there may be no alimony award. On the other hand, one spouse may be wealthy and have substantial income, but if there is no demonstrable need for alimony, no alimony may be awarded.

Assuming there is both a need and an ability to pay, factors include (but are not limited to)::

• Did the need arise from the marriage, or is it something that existed prior to the marriage or happened after separation?

• Is the amount and nature of the property division award enough to mitigate or eliminate the alimony claim? In extreme cases where a spouse with need receives hundreds of millions of dollars, the alimony claimant may not receive alimony because there are enough assets to eliminate the claim for spousal support

• The length of the marriage and ages of the parties

• Each party's physical (health) condition

• The education of each party and earning ability

• The standard of living during the marriage

Most alimony claimants expect cash, but debt and attorney fee payments count as alimony. It is possible for the alimony payor to pay bills such as mortgage and car loan payments, insurance, and utilities and that will count as part or all of their alimony payment. 

It is possible for temporary alimony to count against a final alimony award. In one divorce that had been pending for several years, after a three-day alimony trial the judge found that the alimony claimant had demonstrated a legitimate need. The judge "awarded" two years of alimony but made a finding that the alimony award had been paid by the other spouse while the divorce was pending. This meant that the alimony claimant would receive no additional funds after the divorce. That trial was for nothing. 

There are so many situations and possibilities that it is impossible to describe them all. We have seen alimony claimants who were well-educated and had a work history, but they exhibited a profound personality disorder or other unusual behavior such that the judge commented that the likelihood of anyone hiring them was low and awarded spousal support.

Even though alimony claims and defenses are fluid and highly situational, an experienced trial lawyer can help you assess your claim or exposure if you provide comprehensive, accurate information. Our software infrastructure is designed to facilitate the flow of information to our office so we can help you with alimony. Our trial lawyers have years of experience prosecuting and defending alimony claims.