Does Fault Affect an Alimony Award?

The Effects of Divorce Fault on Spousal Support

Whether the issue of fault will play a part in your alimony award depends solely upon the laws of your state.

Many people assume that a “no-fault” divorce also means that fault will not be a factor in deciding alimony however, this is not always the case. While some no-fault states do apply the “blameless” process to alimony proceedings in addition to the divorce itself, other no-fault states will in fact, consider misconduct when determining alimony, even if the divorce was based upon a mutual “no-fault” agreement between the spouses.

The same is true of states offering at-fault grounds. Some may consider misconduct during alimony decisions while others will not, regardless of the misconduct in question.

Typically, most states also rely on other factors as well, such as current incomes of the parties, the ability to sustain your current standard of living, future earning potential, current expenses such as college tuition for a full-time student or a mortgage payment and of course, any previous arrangements that may have been made in a pre-nuptial agreement.