Divorcing later in life can be a scary prospect, especially if you were a stay-at-home parent for most of your marriage. You are likely worried about job opportunities at your age and how you will make ends meet.
Spousal support or alimony helps ensure that a lower- or no-wage spouse can maintain a standard of living close to what they had during the marriage and avoid falling into poverty. What are the factors that determine how long and how much spousal support will be?
Duration of marriage matters
Not every divorce agreement involves spousal support. The court will first consider each spouse’s wages. If both spouses can reasonably support themselves and maintain their marital lifestyle, the judge may decline to award any support.
One of the most significant factors in determining spousal support is the length of the marriage. Gray divorces often occur after decades of marriage and are much more likely to lead to longer-term support, such as an open durational alimony, which has no end date. This is particularly true when one spouse is unlikely to become self-supporting in the near future.
The law also recognizes both the financial and non-financial contributions each spouse brings to the marriage. This includes raising children or supporting a spouse while they get an education before becoming the primary breadwinner.
Health and age also play a role in determining spousal support. Someone in their 50s or 60s may face obstacles in finding employment. If they have been out of the workforce and their primary role was as a caregiver or homemaker, the judge may order rehabilitative alimony. At the same time, the spouse gets the education or training they need to reenter the job market.
Spousal support in a gray divorce is complex. If you are considering divorce, you need to work with someone who can help you understand all the factors that help to determine how much support will be paid and how long it will last. They will help to ensure that you receive what is rightfully and legally yours.