Who receives spousal support payments when a couple divorces? Many people would quickly point to the ex-wife. Increasingly, however, this is changing.
A recent column in the Huffington Post explored the changing world of alimony, specifically the fact that ex-husbands more than ever are now receiving regular spousal support checks from their former wives.
This is a big change. And it’s come about for a positive reason: A growing number of women today earn more than their spouses. Judges, then, are finding that these women have the better financial ability to come up with maintenance payments.
According to a 2002 study cited by the author, Lila Vasileff, 24 percent of working wives in two-income households brought home bigger paychecks than did their husbands. Yet, few of these women were actually pulling in huge salaries. According to data from the U.S. Bureau of Labor Statistics, more than 97 percent of wives who earn more than their husbands have annual salaries of less than $75,000.
The nation’s weak economy, too, is playing a role in the changing nature of alimony. As more men lose their jobs, their wives become the top earners in their households by default. State laws have also played a significant role in eroding the traditional gender roles inherent in alimony and divorce.
Factors Courts Consider in Spousal Support
In New York, courts consider a wide array of factors when determining who makes and who receives alimony payments following a divorce. For instance, the courts look at how much money each parent will or can earn and how many other sources of income to which each parent has access.
The courts look, too, at which parent has traditionally spent the most time raising the children in a marriage and will consider whether that parent may struggle to care for the children if they have to enter the workforce or increase their working hours.
Courts will consider whether one spouse financially helped the other earn an education or pay for employment training. Whether there was domestic violence in the relationship will also factor into the courts’ alimony decision, among others.
Alimony has always been a complicated subject. As traditional gender roles continue to shift, expect alimony determinations to become even more complex. For those who are considering divorce or have questions about spousal support payments, it is important to discuss those concerns with an attorney.
Article provided by David I. Grauer
Visit us at http://www.digrauerlaw.com
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