Spousal Support Fairness: Is Requesting Alimony After Asset Division Double Dipping?

Divorce settlements can be complex, especially when determining spousal support fairness. Is spousal support still an option if both spouses receive an equal share of assets, including home equity and retirement funds? Or would it be considered double dipping—unfairly taking more than what is reasonable? This article explores how spousal support is determined and whether it's appropriate when both spouses are financially stable post-divorce.

Understanding Spousal Support Fairness

Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after separation or divorce. It is meant to ensure that the lower-earning spouse maintains a similar living standard and financial stability while transitioning to life post-divorce. In the case where a couple had been living beyond their means and accumulating debt to sustain a certain lifestyle, their standard of living may need to adjust downward to reflect what they can realistically afford moving forward. Support is not automatic—it depends on factors such as:

• Length of the marriage

• Disparity in income

• Contributions made by each spouse (financial and non-financial)

• Future earning potential

• Financial needs vs. ability to pay

Courts carefully assess spousal support fairness to ensure that payments are justified and do not unfairly benefit or disadvantage either party.

What Is Double Dipping in Spousal Support?

Double dipping occurs when a spouse receives a fair share of an asset (such as a pension or business income) during property division and then requests spousal support based on that same asset. Courts may consider this unfair, especially if the paying spouse is left in financial hardship. Spousal support fairness ensures that neither party benefits excessively at the expense of the other.

Does Equal Asset Division Eliminate the Right to Spousal Support?

1. The Role of Financial Need

Even with an equal split of assets, spousal support fairness allows for support if one spouse has a financial need that the other can reasonably assist with. Here are some considerations:

• The recipient spouse may still have lower income even with support.

• The paying spouse may make more money now but could struggle in retirement.

• If the pension division results in greater long-term benefits for one receiving support, the other may argue that it offsets the need for support.

2. Impact on the Paying Spouse

Courts will assess whether awarding spousal support would cause undue hardship to the paying spouse. If the support payments significantly harm their financial stability now or in retirement, a judge may limit or deny support in the interest of fairness in spousal support.

3. Duration of Spousal Support

Spousal support is more likely to be awarded in long-term marriages, but it may be temporary rather than permanent. Courts may grant transitional support to help the lower-earning spouse adjust but eventually expect both parties to be financially independent. Spousal support fairness ensures that support does not create unnecessary dependency.

Alternatives to Spousal Support

If there is concern over spousal support fairness or financial strain, there are alternatives:

• Lump-Sum Payment: A one-time payment may be agreed upon instead of monthly spousal support.

• Gradual Step-Down Support: Spousal support that decreases over time as the recipient gains financial stability.

• Waiver of Support: If both parties agree that asset division is sufficient, spousal support may not be necessary.

Conclusion

Spousal support fairness is not solely based on asset division but rather on financial need and the ability to pay. While it is possible to receive support even after an equal division of property, courts will consider whether it would be double dipping or place undue financial strain on the paying spouse. The best approach is to carefully assess financial needs and explore fair solutions, such as mediation, to reach an agreement that benefits both parties.

If you’re navigating divorce and need guidance on spousal support fairness, mediation can help. Contact us today to explore your options and crea