If you are divorcing spouse who is jobless (not because you agreed they would stay home) what does alimony look like?

Anonymous
Other thread was locked (not sure why)

If you never agreed one spouse stays home and need the income but they haven’t worked in years, what does alimony look like? This person is able bodied and could work
Anonymous
The judge will expect them to get a job and the alimony will be based on the difference between your salary andtheir ability to earn money.
Anonymous
It goes by a formula.
Anonymous
What state are you in and what is the age of the spouse? There can be many ways to structure alimony - you could give them all the equity in your house instead of a monthly payment for years. In most cases alimony will be rehabilitative so that they get a job.

The finances and length of payment won’t get better with time. If this is a deal breaker for you (as it would be for me) then move swiftly.
Anonymous
It depends on how much working years they have left . If spouse is late 50s and can show they took care of kids and household with little earning capacity left due to close retirement age - expect lifetime alimony
If it’s a professional spouse who took a few years off in their 30-40s the alimony will be short term and rehabilitative
Anonymous
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.
Anonymous
Anonymous wrote:
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.


How old was he when you divorced ? Which state ?
Anonymous
Anonymous wrote:
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.


Wow. This feels wrong.
Anonymous
How long were you married?

How long has spouse been out of work?

What state?

Basically, the longer the marriage and the longer they’ve been out of work, the more likely they are to get spousal support.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.


Wow. This feels wrong.


Not at all. This seems completely fair. It was a mutual decision
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.


Wow. This feels wrong.


Not at all. This seems completely fair. It was a mutual decision


If the couple agreed, that’s fine. OP said the spouse is not working and the couple did NOT agree on this.

OP, how old is your spouse? How employable are they and what field are they in? How long have they been not working? Is it because they decided not to work or because they cannot find a job, despite a diligent search? Is child support a factor here? Did your earnings or career benefit in any way from the spouse being at home?
Anonymous
I don’t think it matters if it was a mutual decision or not. What matters is how long the person has been out of the workforce.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It goes by a formula.


This.
My spouse is a lawyer and could very easily work. We sent the kids to daycare even though he was staying at home. He still gets alimony and child support.


Wow. This feels wrong.


Feels unfair, but it’s worth it to have him out of my life. Now, if he could just find a girlfriend, I think he would stop bothering me all together.
Anonymous
I don’t think OP is my friend but I have a friend whose husband is a lawyer with a greater earning capacity than her. He got bored of his job and was really picky about finding a new one so hasn’t worked in years. Just pursues expensive hobbies. Their kids are teens and she does most of the stuff to care for them. It’s amazing to me that in this scenario she likely would have lifetime alimony? They are in their fifties. She would have loved to stay at home but never could because of his work situation.
Anonymous
Anonymous wrote:I don’t think OP is my friend but I have a friend whose husband is a lawyer with a greater earning capacity than her. He got bored of his job and was really picky about finding a new one so hasn’t worked in years. Just pursues expensive hobbies. Their kids are teens and she does most of the stuff to care for them. It’s amazing to me that in this scenario she likely would have lifetime alimony? They are in their fifties. She would have loved to stay at home but never could because of his work situation.

She likely won’t pay lifetime alimony. But probably 3-4 years for him to get some recent legal certs. She should cut him off now if she’s bothered by their situation.
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