When do you have to pay alimony?

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When do you have to pay alimony?

My husband and i are getting a divorce and he is claiming that I have to pay alimony. How does that work?

Asked on June 22, 2018 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a broad oversimplification, the spouse who provided more of the economic support during marriage and/or who has greater earning potential or a higher income will pay some amount of support to the other spouse. There are many variables affecting this, such as whether the other spouse *could* work (or could earn more money) but is voluntarily choosing to be unemployed or underemployed; whether one or both have health issues (e.g. disabilities) affecting employment; whether either has non-work sources of income and what they are (e.g. SSI; social security; a pension; a family trust; etc.); whether there are minor children, who is caring for them, and whether caring for them affects the ability to work; etc. But as stated, generally, the higher-earning spouse pays support to the lower earning. Sex or gender is not relevant to that calculation.


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