You gained the same legal rights as any other married couple when you entered your same-sex marriage. If you’re going through a divorce with a same-sex partner, you also have the right to request spousal support just like couples in any traditional marriages.
Alimony in a same-sex divorce
Alimony is also known as spousal support. It is the financial assistance paid to a former spouse after a divorce. Courts award this support to the financially dependent spouse to help them maintain their quality of life after a divorce.
Traditionally, courts provide these protections to women as they are usually the homemakers. However, same-sex marriages don’t follow traditional gender roles. Hence, the courts must look at your specific financial situation and your ex-partner’s capacity to pay instead.
3 types of spousal support in Iowa
Iowa state law recognizes three distinct types of spousal support. Each type addresses different needs you might have after the divorce. Here are different types of alimony that you can request:
- Traditional: This is a long-term on-going financial support paid to you as long as you cannot be self-supporting.
- Rehabilitative: This is a time-bound support paid to you so you can continue to pursue education or training that you need to become self-sufficient.
- Reimbursement: This is a type of support paid to you to compensate for the financial sacrifices you made to support your partner’s future.
Understanding each type of alimony available to you is essential as courts may award all three types at once if you qualify for them.
How courts determine who gets alimony
Once you know which types of spousal support you qualify for, you also need to understand how courts decide if you qualify for it. Here are some of the factors that judges evaluate to determine your alimony award regardless of your sexual orientation:
- Length of marriage
- Age
- Physical and emotional health
- Educational attainment
- Earning capacity
- Taxes
- Distribution of property during divorce
- Other premarital or mutual agreements
However, knowing these factors isn’t enough. To get your alimony award, you must actively pursue your rights to receive the support you deserve.
Advocating for your rights
Courts don’t automatically award you the alimony just because you qualify. Having a professional who understands the intimacies of divorce law by your side can help you advocate for your rights.
Just like traditional couples, you have full legal protection when you seek spousal support in your same-sex marriage. Hence, you shouldn’t hesitate in asking for support as you secure your financial future and move forward towards your next chapter.