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Am I eligible for alimony?

On Behalf of | Mar 9, 2020 | Divorce

One of the most difficult adjustments people must make during and after a divorce is supporting themselves financially. This can be especially worrisome for people who stayed at home with the kids.

People in this situation can be scared about how they will pay for a home and worried about going back to work. If this sounds like your situation, you may want to determine if you could be eligible for spousal support or alimony.

Who is eligible for alimony in Iowa?

Courts do not grant alimony in every divorce. It is generally available to financially disadvantaged parties in a divorce. Numerous criteria affect whether a person may receive support. As specified under Iowa laws, courts consider these factors when determining support:

    • How long you were married
    • How healthy you and your soon-to-be ex-spouse are
    • Decisions made in a valid prenuptial or antenuptial agreement
    • Each party’s earning capacity
    • The division of property
    • The educational level of both parties when you got married
    • The cost and effort it would take for you to find appropriate employment
    • Whether you have the resources to support yourself and maintain the standard of living you experienced during your marriage
    • Child custody arrangements

These and any other factors the courts determine to be relevant will affect whether a request for alimony will be successful.

Every case is different

It can be tempting to assume you will get alimony in your divorce if you know that someone in a similar situation receives alimony. However, this type of anecdotal evidence is not always reliable. Every case and every request is different, and courts assess each case on an individual basis.

It is also worth noting that there are three different types of alimony a court may award: traditional (or periodic), reimbursement and rehabilitative alimony. In some cases, a person may be ineligible for traditional alimony, but the courts could assign rehabilitative alimony until the recipient becomes financially stable.

Considering the variables involved in determining alimony in Iowa, it is crucial that you not make decisions based on misinformation or assumptions. Instead, you can work with an attorney to examine whether you specifically may be eligible for alimony.