Five Myths about Alimony

Cheaters Can’t Get Alimony

Cheaters can and often do get alimony. Some states do, however, factor in infidelity when determining how much money the payee will receive in alimony payments. Although some states factor this in, there may be some additional red tape that needs to be addressed; for example, you may need to prove that a sexual relationship between your spouse and another person took place during the marriage, and it was a substantial contributing factor for the divorce. This is generally a pretty high bar since most people do not have the resources to prove the cheating happened. Furthermore, attorneys do not like to use evidence that was obtained illegally as it could make their client look bad in court. If, for example, you went through your spouse’s phone without their consent to retrieve evidence of the affair, your attorney may not want to use that evidence in court to prove the affair happened since obtaining those text messages in the first place likely constituted an invasion of privacy. Even in states where alimony is affected by cheating, it’s rare that the payor can prove that the cheating happened and that it’s financially worth it to jump through the legal hoops involved with getting alimony reduced.

Prenuptial Agreements Can Eliminate Alimony

Prenuptial agreements are not an effective way to completely eliminate your risk of paying alimony. While prenuptial agreements can mitigate your financial liability in the event of divorce, there is no surefire way to guarantee that you walk out of a divorce completely unscathed. This does not mean that you shouldn’t consider a prenuptial agreement—especially if you are particularly concerned about alimony payments. If you are interested in exploring a prenuptial agreement or postnuptial agreement in order to protect yourself from alimony payments, it may be a good idea to speak with an attorney who’s licensed in your state and who can give you advice on how such an agreement could reduce your financial exposure in the event of a divorce.

You Will Automatically Get Alimony if You Don’t Work

Just like there is no surefire way to prevent a judge from ordering you to pay alimony, there is no way to guarantee that you will receive alimony. While being a homemaker at the time of the divorce may make it more likely that you will receive alimony, your income will still likely be imputed when alimony payments are being considered. This means that your spouse’s alimony payments will be made based on what you have the potential to earn, as opposed to what you currently earn. Therefore, it is possible for a housewife or househusband to not receive any alimony. Alimony is intended to supplement a spouse’s income so that they’re able to get back on their feet after divorce. It was not designed to replace an income or ensure that a person never has to work for the rest of their life when they have the ability to work. Therefore, those receiving alimony are expected to use the temporary financial support to invest in their career so that they can get back on their feet.

You Will Automatically Get Alimony if You Make Less

While it is true that your earning potential and your spouse’s earning potential will impact your alimony settlement, that will not be the only factor in determining your alimony payments. Many states also consider whether the higher earning party makes enough to make alimony payments, and whether the alimony payments are necessary. Alimony payments are not necessary if both parties are able to uphold a standard of living that is similar to the standard of living enjoyed during the marriage. Obviously, the standard of living will decrease due to the divorce. However, if one party would be forced to adapt to a drastically lower standard of living after divorce, and the other party’s income could prevent that, then there is a higher likelihood that alimony would be awarded.

You Don’t Ever Have to Work Again If You Get Alimony

The average alimony settlement does not typically cover the cost of a mansion and the ability to retire at 30 while living an upper-class lifestyle. Cases of that are few and far between. Even in states with the most generous alimony laws, many attorneys advise clients to expect to make alimony payments for only around half the length of the marriage. These stories of “gold-diggers” getting multi-million-dollar alimony settlements are the exception rather than the norm.