When one divorcing spouse has a considerably higher income than the other, can the spouse with the lower income, or perhaps no income, seek enough alimony to allow them to continue their marital standard of living?
That may be possible, but it depends on the circumstances. For example, maybe one spouse has remained largely out of the workplace for many years because they were caring for the couple’s children and perhaps attending to social and volunteer obligations to raise the couple’s profile in the community. They may have been providing unpaid support for their husband’s or wife’s business or career. Maybe they even gave up their own goals for higher education to take a job and support their spouse through medical or law school.
If they’re unable to support themselves in anything close to their marital lifestyle, they can seek spousal support that will help them do that. A key consideration would be whether their soon-to-be ex will be able to live comfortably and provide enough support to allow them to do the same.
What does the law say?
Under New Hampshire law, a divorcing spouse can seek “indefinite” spousal support. Among the factors a judge can consider are the length of the marriage, the contribution of each spouse to the marriage and the “standard of living enjoyed by the couple during the marriage.”
A judge can also consider the couple’s marital property and how it is divided. For example, instead of getting a large support order, a lesser-earning spouse may receive liquid assets like investment and retirement accounts as part of the property division settlement that will help provide them with regular income.
Of course, it’s always best when divorcing couples can negotiate their agreements with the help of their legal representatives without having to rely on a judge to make these decisions. However, it’s always wise to be prepared to make a solid case to the court for why it’s fair and reasonable that you be able to maintain your marital standard of living with the help of your ex.
