If you're currently married, there is a good chance that one of you is supporting the other spouse, or if you're both working, that one of you earns significantly more than the other. If you and your spouse get divorced, there is a possibility that the court may order one of you to pay alimony or spousal support to the other every month.

Is alimony automatic in a divorce case? Generally, no it is not. Courts across the country typically award alimony on a case-by-case basis. Courts do, however, consider similar factors when deciding whether to order spousal support.

Factors Considered by Judges

Judges consider a variety of factors when deciding whether to order alimony, including:

• Duration of the marriage
• Age and health of both spouses
• Each spouse's employability and earning capacity
• Any training necessary for a spouse to re-enter the workforce
• The standard of living established during the marriage
• If a spouse must stay home to care for the children
• Any history of domestic violence
• Contributions as a homemaker
• Contributions to the other spouse's education
• A spouse's ability to pay spousal support

In most jurisdictions, it's up to the judge's discretion based on the circumstances of the case. Usually, if alimony is awarded, it can be modified if there is a significant change in circumstances. For instance, if the paying spouse loses their job, or if the receiving spouse gets back on their feet.

Generally, alimony ends when the receiving spouse remarries, unless the divorce decree states otherwise. If a paying spouse stops paying spousal support and they file for Chapter 7 bankruptcy, back spousal support payments cannot be included in the bankruptcy.

For state-specific information about alimony, look through our directory to find a family law attorney!