Assistance With Spousal Support (2025)

Why Do Courts Award Alimony?

Along with custody, child support and property division, alimony is one of the main issues addressed in divorces. Courts in many states consider some or all of the following factors when deciding to award alimony:

• The length of the marriage
• The age and health of each spouse
• Each spouse’s training and education
• Each spouse’s work experience and employment prospects
• Each spouse’s role in the marriage
• The standard of living during marriage
• The property and debts the spouse received in the divorce
• The reasons for divorce in fault-based divorces
• Whether a spouse deferred education to advance the other’s career or education

There are other issues often considered in determining whether to award alimony and how much to award as well. For example, in Oregon, a court considers each person’s child custody and support obligations in awarding alimony. Thus, one parent might only work part-time because the couple’s children are infants or toddlers. A court might consider that limitation when awarding alimony to that spouse.

Conversely, the parents might have a special needs child. One parent might have a substantial child support obligation to assist with the child’s care and education. In this scenario, a court may consider the impact of child support on the spouse’s financial ability to pay alimony.

In most cases, the main factors considered by a court include the spouses’ financial means and needs. The court awards alimony to reduce the short- or long-term economic disparities between the spouses.

In California, a court can award temporary alimony during the divorce based on a formula that looks only at each spouse’s earnings and needs to ensure both spouses have the resources they need until the final order in their cases. The court then considers a long list of factors to decide whether to award long-term alimony.

What Does an Alimony Attorney Do?

Alimony attorneys provide several services. To start, you do not need a special alimony attorney. Most divorce lawyers have the experience and legal knowledge required to handle any alimony issues that arise during your divorce.

However, if you think your divorce case will raise unusual or difficult alimony issues, you might want to look for a lawyer who has experience handling similar cases to yours.

During a divorce, your lawyer can:

• Assess whether you or your spouse can seek alimony
• Evaluate the amount you or your spouse can pursue
• Assemble evidence to support your case for a fair alimony amount
• Negotiate with your spouse’s attorney to settle the alimony request
• Advocate in court if negotiations cannot resolve the issue

After the divorce order is finalized, an alimony lawyer can also assist in collecting past-due alimony and modifying alimony amounts due to a change in circumstances since the divorce.

An alimony lawyer can also help you proactively by defining the alimony your future spouse can seek in a prenuptial agreement. What is a prenup? This agreement between engaged couples defines what will happen if the couple ever divorces.

How Do I Find an Alimony Lawyer Near Me?

You will usually start your search by gathering names of family lawyers from family members, friends and other acquaintances. Once you have some names, you should start scheduling initial consultations.

Unlike injury lawyers, many divorce lawyers charge for initial consultations. Since you are paying for the consultation, make sure to arrive with a list of questions, including some that cover alimony.

The best alimony attorney will provide honest, direct legal advice about your alimony prospects. If a court could order you to pay alimony, your lawyer should prepare you. If you can seek alimony, the lawyer should give you a realistic number you can seek.

How Much Does an Alimony Lawyer Charge?

Once you find a lawyer you like, you should discuss fees. An alimony lawyer cannot charge a contingency fee under the ethical rules followed in most states. Instead, you will pay either a flat or hourly fee for the lawyer’s assistance.

How much does a divorce cost in legal fees? An uncontested divorce in which you can settle all issues, including alimony, may only cost a few thousand dollars in lawyer fees. A contested divorce that requires extensive discovery, hearings and a trial could cost tens of thousands of dollars in fees.

Contact ConsumerShield for Help Finding an Alimony Attorney

Alimony can be a challenging part of divorce. In addition to its financial effects, alimony also creates an economic relationship between ex-spouses after their divorce. Fortunately, finding a lawyer can help you smooth this process.

ConsumerShield helps people understand their legal rights and find the right lawyer to represent their interests. Contact us for a free evaluation of your case and an attorney referral today.