Alimony may also be granted in a situation in which both spouses work, but one enjoys a significantly higher income than the other.
Even in states where one person’s fault can have a bearing on division of property or alimony, this need not make a difference to you and your spouse.
Many people get civilized divorces in states where fault-based divorces are possible.
On the other hand, some states allow divorces based on one spouse’s adultery, but adultery cannot be used to keep that spouse from getting his or her share of the marital property.
Keep in mind that regardless of your state’s laws, you and your spouse can divide your property however you want.
Alimony (sometimes called spousal support or maintenance) is the money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce.
Alimony is not the same thing as child support (discussed in the Child Support for Children From a Prior Marriage article on this site).
Before seeking a divorce, couples must seek marital counseling, and the spouse seeking the divorce must prove fault—by proving either that the parties have been separated for a specified period of time, or that the other spouse committed adultery, committed a felony, or physically or sexually abused a child of one of the parties..
In most states, property acquired during marriage (except for gifts and inheritance) is divided more or less equally between husband and wife at divorce.
You can simply claim incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage, rather than blaming your spouse For no-fault divorces based on the fact that the spouses have already separated, many states specify the time that you must be apart (the “Length of Separation” column on the chart).
This may be as short as six months (Hawaii) or as long as five years (Idaho).
Does this mean that if you leave your spouse and live with someone else, this can’t be used against you in the divorce? Although every state has no-fault divorce, over 30 states have also kept their traditional fault-based divorces (based on adultery, mental cruelty, desertion, and the like) as well.