To be eligible for postseparation support, a dependent spouse must show that his or her resources are not adequate to meet his or her reasonable needs, and that the supporting spouse has the financial means to pay postseparation support. In deciding the inadequacy of the dependent spouse's resources and the supporting spouse's ability to pay, a court looks at the parties needs in light of their accustomed standard of living, their incomes, their income-earning abilities, debt service obligations of each party, and their necessary expenses. By contrast, the language of the alimony statute requires an award of alimony in cases where the court finds an alimony award to be equitable. There are a number of factors, discussed below, the court is to use in making this determination about the equitableness of an award of alimony. Qualifying for Support.
Economic dependency can, however, now be a sufficient condition for the receipt of alimony.
Under the prior law, dependency was a necessary but not a sufficient condition for receiving alimony. This is the largest difference between our old alimony statute and our new one. Under the old law, economic need was not enough to qualify a spouse for support. Marital fault included actions such as abandonment, adultery, indignities, excessive use of alcohol or drugs, reckless spending, and failure to provide for a spouse's subsistence needs. But a showing of fault is no longer a pre-condition for an award of postseparation support or alimony.