How Do I Qualify For Alimony Or Spousal Support?

Alimony is paid to a dependent spouse by a supporting spouse. By definition, a supporting spouse is a spouse upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support. A dependent spouse is a spouse who is substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. Thus to qualify for alimony you must be a dependent spouse. Simply put, if you earn less than your spouse you are probably the dependent spouse.

However, there are several defenses to alimony which may limit or completely deny your ability to receive spousal support. These defenses include, but are not limited to, adultery and an absolute divorce being granted prior to the time that a claim for alimony is asserted.