When a heterosexual couple divorces, it’s not uncommon for one spouse to receive alimony. It helps ensure that they don’t suffer financial hardship, especially if one spouse was the breadwinner while the other stayed at home to manage the household and raise the children.
But what happens if the couple divorcing is of the same sex? Can alimony still be awarded to the spouse if they were the primary caregiver or worked a lower-paying job?
The two types of alimony
Same-sex couples have the same rights and responsibilities as opposite-sex couples in divorce. That means an LGBTQ+ spouse can request spousal support, also known as alimony. In Arkansas, alimony falls into two categories:
- Rehabilitative alimony: Short-term support that allows one spouse to become self-supporting, such as going back to school, receiving training or finding stable employment.
- Permanent alimony: Typically awarded in longer marriages where it’s unlikely the spouse will be able to become self-supporting.
When deciding whether to award alimony and the amount, judges typically consider factors such as:
- Each spouse’s income and ability to earn
- The couple’s standard of living during the marriage
- How long the marriage lasted
- The health and age of each spouse
For example, if one spouse stayed home to care for children or supported the other’s career, they may qualify for alimony. Or, if one spouse earned significantly more money than the other, the judge may order alimony to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage. Conversely, if both spouses earn similar incomes, alimony may not be awarded.
One factor that may be unique to same-sex divorces is determining the length of the relationship. Arkansas didn’t recognize same-sex marriages until the U.S. Supreme Court ruling on June 26, 2015, which legalized them in all 50 states. Many same-sex couples were together before marriage equality became law. Since courts usually look at the legal length of a marriage, some relationships may appear shorter on paper than they really were.
That is why it is so essential to work with someone who understands both the legal and personal nuances of LGBTQ+ relationships. They can help ensure that your rights are upheld and you are awarded alimony that reflects your contributions to the marriage.