One of the most common issues divorcing couples face is whether one spouse will have to pay alimony, and if so, how much and for how long.
In 2019, we surveyed our readers across the United States who had recently been through a divorce. Here’s what we learned about how disagreements over alimony impacted the cost and length of the divorce process.
The Impact of Alimony Disputes on Divorce Costs
There are several different types of alimony (also called “spousal support” or “spousal maintenance”):
- temporary (financial support during the divorce proceedings)
- rehabilitative (financial support for a period of time after the divorce to help one spouse get back into the job market), and
- permanent (long-term support after a lengthy marriage).
Alimony disputes of any kind typically focus on the earning capacity of the spouse requesting support and the other spouse’s actual income. In our 2019 survey, more than 8 in 10 (82%) readers who reported having alimony disagreements hired a divorce lawyer. Those readers paid an average of $15,900 in total costs, including $13,800 for their divorce attorneys' fees and $2,100 in other costs. In contrast, readers who didn’t have alimony disputes spent an average of $7,800 in total divorce costs, including $6,700 in attorneys’ fees.
If those numbers sound high, keep in mind that overall averages can be skewed by a small percentage of people with unusually high expenses. More typical is the median total cost (the midpoint at which half paid less and half paid more), which was $10,300 for those with alimony disputes and $4,250 for those without alimony issues. About 3 in 10 readers (29%) with alimony disputes paid more than $20,000.
Your divorce costs will depend on many factors. Let’s take a look at some of the most common.
The Type of Alimony Requested
When a spouse requests rehabilitative alimony or long-term support, the other spouse is more likely to fight the issue—and expenses for experts and attorneys’ fees will almost always be higher.
Legal Representation
Most people hire full-scope attorneys to handle their entire divorce case from start to finish. Full-scope attorneys almost always bill by the hour, and those hourly rates vary a lot based on factors such as the lawyer’s location, level of experience, and specialized training.
If you hire a consulting attorney to help with just part of the divorce process—like reviewing a settlement agreement—you’ll usually pay considerably less in attorneys’ fees than if you hire a full-scope attorney.
In our 2019 survey, only 7% of readers with alimony disputes used a consulting lawyer, but they paid half as much in attorneys’ fees ($7,200 on average) as those who hired full-scope lawyers ($14,400 average). And of course, readers who went through the divorce process without legal help didn’t have to pay any attorneys’ fees, although they did have other expenses such as court filing fees.
Settlement or Trial
Divorce costs go up if you and your spouse take a long time to reach a settlement agreement—and increase significantly if you go to trial.
How Going to Trial Affects the Cost and Duration of Divorce
Divorcing couples generally try to reach an agreement about their disputes, usually with the help of their lawyers and sometimes divorce mediators. Divorce settlements are appealing because going to trial in a divorce is unpredictable and expensive.
In our 2019 survey, 40% of readers with alimony disputes ended up going to trial to resolve those issues. When they did, their average total costs (including attorneys’ fees) were $20,800—a 64% increase over the $12,800 average for readers who settled their disagreements over alimony.
It’s no surprise that divorce proceedings also take longer when couples go to trial. In our survey, readers who settled their alimony disagreements took an average of 14 months to complete their divorce cases, compared to 19 months for those who went to trial. And those who didn’t have alimony disputes to begin with took only 10 months, on average, to get through the divorce process.
How Other Issues Affect the Cost and Duration of Divorce
Our 2019 survey confirmed that the more issues you have to fight about in your divorce, the more it will cost in both money and time.
Alimony Plus Child-Related Issues
Divorces that include alimony disputes often involve children as well. When one of the parents has been out of the workforce or has lost career opportunities while caring for a child, that parent is likely to request alimony as well as child support. Child support and custody are among the most challenging issues for divorcing couples.
So it’s not surprising that our survey showed that divorce with child-related disputes can be expensive, with overall total costs of $18,100, on average, for those who also had alimony disputes. Those who settled their alimony and child-related issues spent a total of $11,700 and took 14 months to finish the process, on average, while the comparable figures for those who went to trial were $25,600 and 21 months.
Alimony Plus Property and Debt Issues
It’s also common for divorcing couples to disagree over how to divide their property and debts. These issues often become intertwined with alimony, because spouses asking for alimony will sometimes end up settling for less or no monthly support payments in exchange for more cash or other assets.
In our survey, readers with both alimony and property disputes had total average costs of $16,900, and their divorces took an average of 17 months to complete. Those average costs dropped to $12,800 if they settled the alimony and property issues but increased to $22,700 if they went to trial.
How Do Alimony Disputes Affect the Divorce Experience?
Our 2019 survey also asked readers how they felt about their divorce experience. Their answers showed that disagreements about alimony generally make the process more difficult and unsatisfying. More than 8 in 10 readers (82%) with alimony disputes told us that it was difficult to resolve those issues, and only 27% expressed some level of satisfaction with the outcome of their divorce. In contrast, 60% of readers without alimony disputes said they were satisfied with how the process turned out.
Can I Represent Myself in a Divorce Involving Alimony Disputes?
You don’t have to hire a lawyer to represent you in a divorce. But representing yourself in a dispute involving alimony has some serious challenges. A divorce lawyer will understand the alimony laws in your state and have experience with how local judges apply those laws. If your spouse has a lawyer, you’ll be at a big disadvantage if you don’t hire a lawyer too.
A good family law attorney can guide you through these complicated issues, help find the right financial and vocational analysts when that’s necessary, and make sure that your rights are protected.