The determination of whether a spouse is ordered to pay spousal support (commonly known as alimony), how much and for how long should have nothing to do with either spouse’s gender. The Arkansas state statute on alimony refers to “spouse” and “person,” but does not use gendered terms like husband and wife.
Alimony isn’t as common as it was half a century ago, when most men outearned their wives and women’s opportunities in the workplace were more limited. While spouses now often have similar incomes, many women outearn their husbands. That means more men are opting to put their careers on hold or step back from full-time work to care for their children.
It is “still the exception rather than the rule”
That as society has change, that change has meant that more men are seeking alimony from their spouses (regardless of that spouse’s gender) in divorce. Under the law, the same factors are to be considered by the court when determining alimony regardless of the gender of either spouse. Nonetheless, as one legal professional points out, it’s “still the exception rather than the rule” for men to ask for alimony. It can be even more of an exception for a man to receive the alimony he seeks.
Some men still feel that there’s a stigma attached to men receiving alimony – particularly from women. That attitude is shared by some judges who are making these decisions. It’s been found that the average award is lower for men than for women.
Further, judges tend to require more evidence from men that they are looking for work or taking steps to raise their earning capacity while they’re receiving “rehabilitative” alimony that’s meant to help the lower-earning spouse support themselves until they can adequately do so without this financial help.
Arkansas judges generally have considerable latitude when determining alimony. Overall, though, they consider things like the length of the marriage, each spouse’s earning potential (taking into consideration any childcare responsibilities) and their physical and emotional health.
While men can and should seek the alimony they need if their soon-to-be ex can afford to pay it, it’s important to know that they may encounter some added challenges that a woman might not. That’s one reason it’s essential to have experienced legal guidance when presenting the case for alimony.