Step 7: Consider Alimony
Alimony is a large enough topic to deserve its own Guide. You can read our Ultimate Guide to Alimony. But we mention it here because this is the point, after the assets have been divided, that the judge will consider whether alimony should be awarded.
To be more precise, the judge will consider whether alimony should even be considered. It may well be that the judge decides that neither party has a deficit. If neither has a deficit, then alimony does not have to be considered.
Two key points from the Ultimate Guide to Alimony:
First, in most cases, alimony is based on need. If your ex doesn’t need alimony (perhaps because she has significant income or because the assets awarded to her obviate what would otherwise be a need for alimony), then the judge is unlikely to award alimony.
Second, no matter how clear-cut your need might be, judges don’t award alimony if your ex can’t pay it. If your ex is barely making enough money to pay his own bills, plus child support, there is not any income left from which your ex can pay alimony. So a judge will not award alimony, even though you clearly need the money. By and large, judges are not willing to order someone to do something that they are simply unable to do.
