A common issue among divorcing couples is whether one spouse will be required to support the other after the marriage ends financially. But what is unique to LGBTQ+ couples is that their relationship may have begun years before same-sex marriages were legally recognized in Arkansas.
Understanding how courts determine alimony can help both spouses prepare for the legal and financial realities of divorce.
There are different types of alimony
The purpose of alimony is to help the lower-earning spouse maintain financial stability and not fall into poverty when the marriage ends. However, alimony is not automatic; a judge typically awards it only when one spouse has financial needs, and the other spouse can pay.
There is no “one-size-fits-all” approach to calculating alimony. Judges consider the details of each case. In addition to financial needs and ability to pay, courts may consider other factors such as:
- The length of the marriage
- Each spouse’s education, work history, current income and earning potential
- The age and health of both spouses
- Each spouse’s assets and debts
- The standard of living established during the marriage
There are three different types of alimony that a judge may award:
- Temporary alimony that helps ensure that both spouses can meet their financial needs until the divorce is finalized.
- Rehabilitation alimony, which is one of the most common forms. It is typically awarded for a limited time so that the receiving spouse can gain the education, training or work experience they need to become financially independent.
- Permanent alimony may be ordered in cases where a spouse cannot become financially independent due to age, disability or other significant circumstances.
Some same-sex couples were together long before they were legally able to marry. During that time, one partner may have provided financial support while the other pursued education or raised children. Courts may inquire into the broader picture of the relationship when determining spousal support. Working with a legal professional is essential for understanding your legal rights and financial options.