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Claiming Alimony for a Spouse's Fault in a Divorce

Tap through each step to understand how fault-based alimony claims generally work in a divorce.

  1. Understand what this kind of alimony is

    In many jurisdictions, a spouse whose fault caused the marriage to break down can be required to pay the other spouse a sum of money as compensation for the emotional harm caused β€” this is often called alimony or compensatory divorce damages, and it exists alongside (not instead of) any support arrangements.

  2. Know that it is a different concept from property division

    Property division splits the assets the couple built during the marriage, while this kind of alimony compensates for the emotional harm caused by fault that led to the marriage's breakdown β€” they are legally distinct claims.

  3. Understand the grounds for a claim

    Common grounds include infidelity, domestic abuse, unreasonable mistreatment, and abandonment without just cause β€” situations where one spouse bears responsibility for the marriage ending.

  4. Know that a claim against a third party may also be possible

    In some jurisdictions, you may also be able to bring a separate claim against the person your spouse had an affair with, holding them jointly responsible for the harm caused.

  5. Know that the amount varies case by case

    Courts typically weigh factors like the length of the marriage, the circumstances and severity of the breakdown, the degree of fault, and each party's financial situation when setting the amount.

  6. Watch the statute of limitations

    This type of claim is generally subject to a statute of limitations that starts running once the divorce is finalized β€” often just a few years β€” so check the specific time limit that applies in your jurisdiction and don't let it lapse.

  7. Prioritize gathering evidence

    Text messages, photos, medical records, and witness statements that support the claim of fault are important to secure early, since they can be difficult to obtain later.

A separate claim from property division

Fault-based alimony is a claim seeking compensation from the spouse responsible for the marriage's breakdown, and it exists separately from property division β€” where the requirements are met, the two can be pursued together. This is general information, and whether this kind of claim exists at all, and how it works, varies significantly between jurisdictions, some of which are no-fault only, so confirm your specific situation with a family law attorney.

Rules vary a great deal by country and legal system

Some legal systems recognize fault-based compensation claims within a divorce as described above, while other, purely no-fault systems don't recognize this type of claim in the same way at all and instead handle everything through property division and support. Before assuming this option applies to you, it's worth confirming with a local family law professional whether β€” and how β€” your jurisdiction recognizes a claim like this.

Frequently Asked Questions

If we divorce by mutual consent, can I still claim this kind of alimony later?

In jurisdictions that recognize this claim, yes β€” if it wasn't separately agreed on at the time of a mutual-consent divorce, it can generally still be claimed afterward, within whatever time limit applies.

Can I receive both this kind of alimony and a share of property division?

Where recognized, yes β€” the two are legally distinct claims, so if the requirements for each are met, both can be pursued and received together.