Divorce gets complicated. That’s no secret to anyone. Custody, the division of property, jurisdiction, you may be in for some surprises where you least suspect.
Spousal support, commonly called alimony, also frequently comes into play. In short, these payments are intended to help a lower or non-wage-earning spouse keep their head above water after divorce. Depending on the circumstances, they can last for a specific time or continue indefinitely.
Alimony usually pops up during or immediately after a divorce, but we heard an interesting question in this realm. Is alimony a possibility after years of separation? Will the courts go back and retroactively award spousal support?
One of our founding partners, Rick Jones, regularly appears on the radio, where he answers family law questions from listeners. A recent caller finds herself in just this situation. It’s an intriguing one for sure, one with many factors that influence the answer.
Related Reading: How Are Spousal Support Payments Calculated in California?
Get the specifics below:
Caller: “My boyfriend and I have been together for 19 years and we are both still married to our spouses. That’s a whole different thing. We’ve recently decided since our kids are over 18, to get divorced. [My ex] wasn’t a problem. His wife, she’s a real pain in the butt. After all this time, she’s throttling on signing the papers, and she’s making squawking noises about alimony.
“Is alimony a possibility after 19 years of separation?”
Rick: “Has he been paying her anything than some dollars earmarked for the children in this period of time?”
Caller: “No. [His son] is 21 now, and we got custody of him when he was 12.”
Rick: “Okay, then that’s extremely unrealistic. There’s never a rule of a number of years, etc, but what I will tell you is that ‘the test,’ the standard for alimony, is the ‘need’ versus the ‘ability to pay.’ The first thing they would do is address a need, and the fact that money hasn’t been coming in for 19 years seems to indicate a lack of need to me.
“It would be an absurd argument for her to make.”
Danny: “So basically, if she makes a certain argument the judge will recognize that as an absurd argument?”
Rick: “Yes. Ridiculous.”
Danny: “Cool.”
So in this situation, the good news is that the courts are unlikely to go back an retroactively award spousal support after years of separation. It’s highly unlikely a judge will go this route.
Related Reading: Learn More About Spousal Support and Alimony