There is this burning question a lot of divorced women want an answer to – if a wife filed for divorce, can she get alimony still? The reason is obvious, there is this misconception that alimony awards have something to do with who filed for the divorce.
While various states adopt modifies marital laws, there are still statutes that are universal across the entire United States, with regard to spousal support.
In this article, we will dissect who pays alimony when a wife files for divorce.
If Wife Filed for Divorce Can She Get Alimony?
There are different criteria judges use in determining who pays alimony and who receives it. In this case, it depends on whether you have children, how long you’ve been married, and a thorough examination of your finances.
But one factor that courts have started looking at in recent years is the cause of the divorce. Some states have recognized that in the past, men were screwed by spouses for trivial reasons, particularly in reference to their children. As a result, laws were passed to prevent this.
Here are the two sides of the coin – reasons why a court can grant alimony to a wife and reasons to deny her, despite her being responsible for filing the divorce.
Yes, The Wife Will Get Alimony Even if She Filed For Divorce
Alimony is governed by the alimony laws of each state. A wife, (or a husband) can receive alimony if they apply for it. But most importantly, if they meet the requirements, and the one paying has the financial means to do so.
Here are some reasons why a wife can get alimony if she initiated the divorce. You will see that most of the reasons are the same reasons how courts decide alimony.
The “Length of The Marriage”
Judges usually check if the wife had invested a great part of her life into the marriage, usually anything from three years. They are wary of wives who seek alimony after divorcing from a marriage of fewer than 3 years.
This aspect seeks to find out how long you have to be married to get alimony. Such is what disqualifies women asking can I get alimony after 2 years of marriage?
If The Wife is Unemployed
A wife will most likely get a spousal support order if she is a stay-at-home mom with no employment.
If Husband is Cheating
If the state is not a no-fault alimony state, and it’s proven that her ex-husband’s infidelity lead to the divorce, she will most likely get alimony payment in her favor even if she initiated the divorce.
Husband’s Ability to Pay
Alimony is based upon a number of variables, including the recipient’s need, and what prompted the need (such as years out of the work raising children).
But one major factor is also the payer’s ability to pay. A judge will grant alimony to a wife if the husband has the financial means to pay it.
No, Husband May Not Pay Alimony No Matter Who Filed For Divorce
Because so many men’s lives have been torn apart by false allegations used for vengeance by their ex-wives, manipulation in a divorce, and other reasons, the courts have become considerably stricter in terms of what they will prosecute based on the facts.
While there are specific reasons why a husband gets alimony, here are reasons why courts will deny alimony to the wife even if she filed for divorce or not. They are viable reasons how to avoid paying alimony.
Specific State Alimony Laws
Your case may also fall into states that do not enforce alimony, in which case you are certainly undone by your location. In such a case, an attorney will advise.
A Cheating Wife
Alimony is becoming increasingly difficult to obtain if it’s proven that while a man works and pays all the bills, the wife is cheating on him.
Judges in most jurisdictions have increasingly refused to grant alimony in such cases of infidelity on the part of wives.
They are also stricter on alimony since women are seeking it based on fraudulent grounds. By the way, those same fraudulent claims are to blame for the shift in attitudes regarding sex assaults and rape reports.
Alimony For Working Wife
A working woman is commonly used to indicate a woman who is financially self-sufficient. However, this is not always the case. Women occasionally work, but their earnings may be insufficient to meet the quality of life they enjoyed while married.
The laws governing alimony have a special preference for quality of life during the marriage and look to retain it after divorce. So every other thing being equal, the courts will most likely order that the husband pays alimony to a working wife.
What Determines Alimony For Working Wife?
The three main factors that determine alimony for working wives and how long the support should be paid are:
– her present earnings/worth
– the earnings/worth of her ex-husband
– the standard of living of the marriage
So, even though the woman works, if her earnings and worth cannot support the standard of living during the marriage, she will be awarded alimony. Also, if her husband’s net worth is much higher than hers, she will be awarded alimony to maintain the same standard of living as her husband.
However, if her earnings or worth is capable of supporting the standard of living of the marriage on her own and there is no significant difference in the income of the wife and husband, the courts will take this into account while deciding alimony for the working wife.
Almost nothing about divorce is influenced or established by whether the wife or the husband filed for the divorce. It also doesn’t matter who is to blame, with a few exceptions.
So, the question of if a wife can get alimony if she initiated the divorce is mostly about enhancing their spouse’s ability to make a living after the divorce