Qualifying

Alimony is difficult to settle, because it cannot be calculated and can depend on allegations of misconduct

Qualifying for alimony requires three things (a) a dependent (b) a breadwinner that can afford to pay alimony, and (d) fairness calls for it.

Dependent

An alimony claim requires a spouse that was financially dependent on the other spouse during the marriage. The classic scenario is a homemaker that raised children, while the other spouse was able to pursue their career. The spouse has to be financially dependent during the marriage, as opposed to someone whose income declined after separation.

Breadwinner

The next requirement is a breadwinner the dependent relied on. The breadwinner needs to be the person that was paying for living expenses, such as rent, groceries, and utilities. However, even if one spouse relied financially on the breadwinner, the breadwinner also has to be able to afford to pay alimony. A breadwinner that only earns $20k a year, likely will not have to pay anything in alimony, even if their spouse relied on them financially.

Equitable

The court has to determine that alimony is fair under all of the facts and circumstances. For example, a court is unlikely to award alimony if the marriage was only a year long. Additionally, a spouse that cheated, prompting separation, is unlikely to receive alimony.