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Can your ex draw out a divorce to get more alimony?

On Behalf of | Mar 18, 2024 | Divorce |

Divorce can be complex. That may become even more true with alimony and the many nuances it involves.

One question is whether a spouse can deliberately prolong the divorce proceedings to secure a higher alimony payment. This could be because longer marriages may mean more alimony.

The impact of duration on alimony

Generally, longer marriages tend to result in higher spousal support payments. This is because a longer marriage often means a greater level of financial interdependence between the spouses. It may be more likely for one spouse to require financial support from the other after divorce.

Strategic delays and factors affecting alimony

Some individuals may attempt to exploit this correlation by prolonging the divorce proceedings. However, courts consider various factors when determining alimony awards. The length of the marriage is not the only concern.

The factors typically include each spouse’s financial situation, earning capacity, contributions to the marriage and standard of living during the marriage. In Stamford, Connecticut, the median household income is $100,718 and may drop after a divorce.

Simply prolonging the divorce proceedings by a few months or a few years may not guarantee a higher alimony payment if other relevant factors do not support such an outcome.

Judicial discretion and fairness

Courts have discretion in determining alimony awards. Their primary goal is to ensure fairness and equity. Judges are generally adept at discerning whether delays in divorce proceedings are genuine or strategic. They are unlikely to reward tactics aimed at manipulating the system to secure a higher alimony payment.

Ultimately, fairness and equity guide the decision-making process in divorce cases.