However, an individual can try to prove fault in court, making it possible to deny the other spouse of any alimony payments. Divorcing in a state that does not allow no fault divorces, may work to one’s advantage, if the reasons for divorce would entitle them to more alimony payments. This can also benefit an individual who might normally have to pay alimony.
Alimony law suggests that proving fault in a divorce might entitle a person to higher and a longer duration of alimony payments. While this is not always the case, a person who may normally have to pay alimony may be able to lower the payments, or even nullify them. The outcome depends on the circumstances, since alimony law in every state is vague and open to interpretation.
A prenuptial agreement may prevent an individual from receiving alimony. There are many times when a prenuptial agreement may specify that no alimony will be paid if the reasons for divorce are a spouse’s infidelity or other faults. While a spouse may argue against a prenuptial agreement in court, it can be hard to win alimony, since the prenuptial agreement was signed to by both parties. An individual enters a prenuptial agreement to protect their assets.
While alimony law does not always decide to withhold or reward alimony based on fault, it is possible. Reasons for divorce will not necessarily matter when a judge is deciding on an alimony arrangement.