I've heard that the person who files for divorce is the one that pays alimony, is that true?

Asked 11/6/2009 under Divorce, Marriage, Alimony | 201 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Henry Lebensbaum / Law Office of Henry Lebensbaum Answered 2 years ago | Contributor with 7 answers This attorney is licensed in Massachusetts

No - alimony depends on a number of factors, including the length of the marriage.  Also usually the amount is a ratio that is determine at the date when the spousal support is established.

Not true. Alimony is based primarily on economic factors--how much did each spouse earn during marriage? What is the earning potential going forward of each spouse? How long will take a spouse who put his/her career on hold for the sake of the marriage or family to get on his or her economic feet? Etc. Elements of fairness may also be considered, but definitely *not* who filed.

Note that if there are children, then child support will typically be awarded from the non-custodial spouse, to help the spouse with custody take care of the children. Also, the property owned by the couple, including savings, investments, etc., will be divided in some fashion.

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