How Long Do You Have To Be Married To Get Alimony?
In most cases, a judge will award alimony while a divorce is pending if you have been married for at least six months. The exact time varies widely from state to state. For example, according to Texas laws, spouses must have been married for at least 10 years to be eligible for alimony. On the other hand, some states do not establish clear time limits for the marriage but have specific laws concerning the amount of maintenance that spouses can receive depending on the divorce case. Let’s have a look at the notion of alimony in general, determine in what circumstances and how much alimony can be ordered, and find out the differences in alimony laws between states.
When Does Alimony Start?
A spouse has a right to apply for alimony during the divorce proceeding, and the payments will start after the divorce process is final, and the court order is issued.
A marriage breakdown radically changes the lives of both spouses, especially those left without their usual sources of financial sustenance. No wonder many people after divorce are interested in the possibility of alimony. The most common question that comes up in the search engine on legal forums is, “after how many years of marriage can you get alimony?” As mentioned before, there is no direct answer to this question since a court decision will depend on the legislation of the state where the divorce case is processed.
Many states have no clear requirements regarding how long spouses should be in a marriage before they can get alimony. Basically, the courts are interested in ensuring that the party experiencing difficulties after the divorce gets the support they need. At the same time, alimony applies only when one party can prove they require help to get back on their feet. A judge is likely to deny alimony if:
- The marriage lasted a short period of time.
- Both spouses have a job and steady incomes.
- There are no children, and, therefore, nothing prevents spouses from returning to their usual way of life and going back to work.
For How Many Years Would I Get the Payments?
There are seven states in the USA where permanent alimony (for life) is allowed. These are Connecticut, New Jersey, West Virginia, Florida, North Carolina, Oregon, and Vermont. Alimony can be waived under certain consequences, for example, when a recipient legally registers another marriage or cohabits with another partner.
In other states, judges tend to order temporary or rehabilitative alimony. The first type is paid for a particular time limit set by the court. The second one may be granted until a spouse gets a stable income and can support themselves after a marriage breakup.
It is common that the alimony is awarded for a time limit that equals one-third or one-half of the marriage duration. In recent practice, there are more and more cases where alimony is granted as a one-time payment to maintain a needy spouse in the first stage of their single life.
Factors affecting the judgment on alimony and its duration may be as follows:
- The ratio of the recipient’s financial needs to the payer’s ability to meet them; the payment capacity of future exes.
- Each party’s contribution to domestic matters; the extent to which each partner in the marriage has given up their career to focus on the home, children, etc.
- The age and health of the spouses; their capability to take care of themselves.
What Do I Do if I Want Alimony?
Leaving aside the requirements on marriage length, most states have similar procedures for getting alimony payments. To apply for alimony, a spouse must make a request with a court, providing sufficient evidence on why the support is necessary. Usually, applying for alimony is done during the filing stage of the divorce when all other documents are submitted to the court.
Spouses may come to a prior agreement on the issue of alimony and ask the judge to include it in a final divorce decree. A settlement regarding alimony may also be reached through the mediation procedure. Still, if spouses cannot agree on this type of payment, the judge will decide on it during the trial. In particular, they will determine if there is a legitimate reason and a real need for one of the spouses to be awarded alimony.
Most commonly, alimony is considered after all child custody, child support, and property division issues have been resolved. There are cases where temporary alimony is ordered before a final divorce decree is granted. However, the court only makes such orders when one spouse is completely deprived of their financial resources for living.
Length of Marriage for Alimony in Different States
The marriage duration is an essential determinant of alimony eligibility and its possible amount. Even though it is not clearly stipulated by many states’ laws how long a marriage should last, it is expected that the shorter it was, the less alimony the requested party will be awarded.
How Alimony is Decided in California?
Under divorce laws in California, alimony is available to anyone who needs support after a relationship ends. If the marriage lasted less than 10 years, alimony would likely be paid for a time limit equal to half of the marriage duration. For example, alimony in California after 2 years of marriage can be granted for 1 year-period only.
On the other hand, after the breakup of a marriage that lasted more than a decade, a filing spouse may have a right to receive alimony for quite a long time. Still, California courts rarely order permanent maintenance, called “lifetime support.” The final amount of payments and their duration will also depend on the case circumstances, as specified in the previous paragraphs.
How Alimony is Decided in Florida?
The length of your marriage is significantly important when getting spousal support in Florida. Following divorce laws in Florida, alimony is available to people who need additional maintenance after the marriage dissolution. If the marriage lasted less than seven years, there is a high chance the court will award short-term forms of alimony. The situation is quite opposite with long-term marriages (more than 17 years). If the requesting spouse provides sufficient reasons and enough evidence of the alimony necessity, the judge is likely to grant permanent or lifetime alimony.
How Alimony is Decided in Texas?
The divorce laws in Texas alimony are perhaps the most demanding, and there are several conditions for receiving this type of support. As previously stated, only spouses who have been married for 10 years or more are eligible for alimony. However, the party requesting it must clearly substantiate a vital need for spousal support.
The reasons for getting alimony range from caring for minor children, being affected by health issues or disabilities, lacking a stable income to allow the basic necessities of life, etc. Arguments that are not backed up by reliable evidence will make the court reject the alimony request.
It is important to mention that alimony in Texas may be awarded for a time limit which the court considers as enough for a recipient to find a stable income and be able to take care of themselves and pay bills. Also, the duration greatly depends on the marriage length and other consequences of the divorce, such as domestic violence.
How Alimony is Decided in Colorado?
In Colorado, similarly to Texas, a party applying for alimony should be able to prove to the court that they are not capable of supporting themselves and that the other spouse has sufficient financial resources to provide the required assistance. According to divorce laws in Colorado, alimony is usually granted if a marriage lasts 3 years or more.
Alimony can be temporary, permanent, and rehabilitative. The former is awarded solely in cases involving adultery, abandonment, or cruel treatment. The second type of spousal support is suitable for circumstances where one spouse is unable to support themselves for health reasons, and the court has received strong evidence of such a condition. As for rehabilitative alimony, it is ordered for a period of time in which the recipient can become financially independent.
The duration of alimony payments is calculated by the court, depending on the case specifics. It varies from eleven months to half of the marriage duration for marriages that lasted more than 12,5 years.
Typical Guidelines for Awarding Alimony in Other States
As a general rule, despite the differences in state alimony legislation, anyone who needs help to rebuild their lives after a divorce and can provide the court with proof of this is entitled to receive appropriate spousal support.
To apply for alimony, one must file the Complaint for Divorce, which includes the section concerning alimony, and the other divorce forms. If spouses have previously reached an agreement on this divorce aspect, including the amount to be paid and the length of payments, they should notify the court and make their decision a part of a divorce decree.
If parties cannot agree on alimony, a spouse filing for divorce may ask the court to decide. In such a case, they should provide enough evidence that the alimony is necessary.
While some states have rather strict requirements for the length of a marriage, as mentioned above, the other ones are more flexible in terms of alimony. For example, in New York, the duration of the payments is based on a formula and directly depends on the length of your marriage. If the marriage lasted about 15 years, the spouse would receive alimony for about 5 years. Another example is Pennsylvania, where the length of the parties’ marriage plays no role. The judge awards spousal support based on 17 factors (Section 3701 of the PA Divorce Code) that make it the fairest decision for both spouses.
