If A Wife Files For Divorce, Can She Still Get Alimony?

​One of the common questions during a divorce is whether the wife is still eligible for alimony if she is the one filing for divorce. The answer is yes. Alimony is determined based on the financial situation and needs of both spouses, regardless of which spouse initiates the divorce. Filing for divorce does not disqualify a spouse from receiving alimony if the circumstances warrant it.

What Is Alimony?

Alimony, also known as spousal support, is a financial arrangement where one spouse makes regular payments to support the other after divorce. The primary goal of alimony is to help the lower-earning spouse maintain financial stability. This support is often crucial for a spouse who may not have had the same earning capacity or who sacrificed their career to contribute to the household or raise children.

​Whether a wife or husband files for divorce does not affect the eligibility for alimony. Instead, courts look at various factors to decide whether alimony should be granted and for how long.

How Is Alimony Determined?

Alimony is not automatically granted in every divorce. Courts consider several factors when deciding whether alimony is necessary and how much should be awarded. These factors may include:

• The length of the marriage
• The financial situation of both spouses, including income, assets, and debts.
• The standard of living established during the marriage.
• The earning capacity and employment prospects of the spouse seeking alimony.
• Contributions made by each spouse to the marriage, including non-financial contributions like homemaking or childcare.
• The health and age of both spouses.
• Any sacrifices made by one spouse, such as giving up a career or education to support the family or the other spouse’s career.

These factors help determine both the amount and duration of alimony payments. Courts may award alimony temporarily, or for a fixed period of time depending on the finances arising because of the divorce.

Types of Alimony

There are different types of alimony that may be awarded, depending on the needs of the receiving spouse and the length of the marriage. Common types include:

• Temporary alimony: Paid during the divorce proceedings to help cover living expenses until the final agreement is reached.
• Reimbursement alimony : Usually awarded when one spouse worked and paid for all expenses while the other spouse was in graduate school. Then, the graduating spouse seeks a divorce. The spouse who paid for all the living expenses may seek reimbursement of those expenses.
• Rehabilitative alimony: Given to a spouse who needs financial support while that spouse acquires skills or education to become self-sufficient.
• Limited duration alimony: Awarded for a set period, in cases where the marriage was less than twenty (20) years.
• Open durational alimony: Provided in cases when the marriage is 20 years or longer. Generally, the payor may seek termination of alimony once the payor reaches full retirement age as determined by the Social Security Administration (usually age 67) and the payor actually retires.

Even if the wife initiates the divorce, courts will consider these factors to determine the appropriate type and amount of alimony, if any.

Does Filing for Divorce Impact Alimony?

​The decision to file for divorce does not impact whether a wife is eligible for alimony. What matters is the financial situation of each spouse and the overall contributions to the marriage. Courts evaluate the need for alimony based on the relationship dynamics, not on who started the divorce proceedings. Therefore, if a wife files for divorce and meets the criteria for alimony, she may still be awarded support based on the factors discussed.

Montclair Divorce Mediation: Achieve Fair Alimony Without Litigation

Filing for divorce does not prevent a wife from receiving alimony. Courts focus on the financial needs and contributions of both spouses when determining alimony, not on who initiates the process.

At Montclair Divorce Mediation, we provide experienced and compassionate divorce mediation services to help couples reach fair agreements without costly litigation. Nicholas De Metro, Esq., a licensed attorney and accredited divorce mediator, is dedicated to supporting New Jersey couples through this challenging process.

We offer in-person and virtual sessions to accommodate your needs, focusing on resolving key issues such as alimony, child support, and property division. Our goal is to help you achieve a comprehensive settlement while reducing stress and financial burden. Contact us today to schedule a free consultation and start the process with confidence.