Dear Attorneys,
I’m furious that my attorney told me that I probably have to pay alimony to my soon-to-be-ex-husband. He is perfectly capable of working, and I feel like I’m being punished just because I make more money. Doesn’t Connecticut have some sort of formula for alimony? This doesn’t seem fair.
Sincerely,
No Alimony Allie
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Dear Allie,
We understand your frustration. Alimony is often one of the most emotionally charged issues in a divorce because it can feel personal. Many people assume that there is a simple mathematical formula in Connecticut to determine alimony. However, that is untrue. Often, the spouse who was generally the higher earner during the marriage does end up paying alimony. However, that is not automatic. Rather, Connecticut takes into account a variety of factors to determine if there should be alimony awarded to one spouse, and, if so, in what amount, and for what duration.
Unlike child support, Connecticut does not have an alimony calculator or formula. Instead, judges have broad discretion and must consider a number of statutory factors before entering alimony orders.
Some of the factors the court considers include, but are not necessarily limited to:
- The length of the marriage;
- The reasons for the breakdown of the marriage;
- The age and health of each spouse;
- Each person’s occupation;
- The amount and sources of each spouse’s income;
- Each person’s earning capacity (which is not always the same as current income);
- Vocational skills and employability;
- Each spouse’s education;
- The estate and needs of each party; and
- Any property division ordered as part of the divorce.
One of the biggest misconceptions is that a spouse who could work will automatically be denied alimony. In reality, the court looks at the whole picture. For example, if one spouse left the workforce for years to raise children or support the other spouse’s career, it may take time to become financially self-sufficient. Conversely, if a spouse is intentionally underemployed or choosing not to work despite having the ability to do so, the court can consider that as well.
It’s also important to understand that alimony serves different purposes in different cases. Sometimes it is temporary, providing financial support while someone gets back on their feet. Other times it may be rehabilitative, allowing a spouse time to complete education or job training. In longer marriages, particularly where there is a significant disparity in earning capacity, alimony may be awarded for a much longer period.
Every divorce is unique. Two couples with seemingly similar incomes can receive very different alimony outcomes because the court is evaluating the entire financial and personal history of the marriage; not just who earns the bigger paycheck.
If you’re concerned about paying alimony, or if you believe you should receive it, it’s important to understand your rights and how Connecticut law applies to your specific circumstances. A knowledgeable family law attorney can help you evaluate the relevant factors, negotiate a fair resolution, or present your case effectively in court. If you need assistance navigating your best course of action during this difficult time, call Wolf & Shore Law Group at 203.745.3151 to schedule a virtual consultation today. Ever Argue with a Woman?
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.