Only a dependent spouse is entitled to receive alimony. To be considered a dependent spouse there must be a showing of substantial dependence upon the other spouse for his or her maintenance and support. Substantially dependence means that a spouse will be unable to meet his or her needs in the future, even if he or she is currently meeting those needs. To determine when a spouse is “substantially in need,” the trial court must determine:
- the parties’ accustomed standard of living as of and several years preceding date of separation;
- the parties’ present earnings and prospective earning capacity; and
- whether the spouse seeking alimony has a demonstrated need for financial contribution from the other spouse to maintain standard of living.
The court must also consider each party’s estate and any other factors that may be appropriate in the interest of justice.
