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Are people entitled to spousal support when they earn less?

Spousal support can sometimes make the difference between being able to support yourself after a divorce and struggling to do so. However, some people don't have financial concerns after a divorce, and the likelihood of receiving spousal support is lower.

If you are in financial need, it's possible that your higher-earning spouse could have to pay alimony so that you can have some financial security. However, you should keep in mind that no one is guaranteed to receive alimony; it is part of your divorce settlement or ordered by a judge.

What are some factors that are considered when deciding if a person should receive spousal support?

Some of the things that are considered include the:

  • Length of your marriage
  • Employment status
  • Amount of income you earn monthly or yearly
  • Length of time you've been employed, and if it is full-time or part-time employment
  • Level of education you have
  • Jobs you had prior to marriage
  • Education and skills you have to allow you to enter back into the workforce successfully
  • Health-related limitations that you face
  • Nonhealth-related limitations keeping you from being self-supporting

There are also other considerations, such as whether or not you supported your spouse during the marriage while they advanced their career through a degree or advanced training, and if you put your career on hold to support your spouse in some manner.

Your attorney can discuss with you the factors that play a role in your ability to obtain spousal support. With the right information, you can make a good case for support and seek what you need.

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