The Factors D.C. Courts Weigh for Alimony
The District has no alimony formula. The court may award alimony if it seems just and proper after considering nine factors: the ability to be self-supporting, training time, the standard of living, the length of the marriage, the circumstances of the estrangement, age, health, the payer’s ability to pay and each party’s financial resources.
Whether to award alimony
Under D.C. Code 16-913(a), when a divorce or legal separation is granted, or when a domestic partnership termination becomes effective and one partner has filed for relief, the court may require either party to pay alimony to the other if it seems just and proper. Either spouse can be the payer.
The nine factors
The court considers all the relevant factors necessary for a fair and equitable award, including: (1) the ability of the party seeking alimony to be wholly or partly self-supporting; (2) the time needed for that party to gain education or training for suitable employment; (3) the standard of living established during the marriage, considering that there will be two households to maintain; (4) the duration of the marriage or partnership; (5) the circumstances that contributed to the estrangement of the parties, including a history of physical, emotional or financial abuse; (6) the age of each party; (7) the physical and mental condition of each party; (8) the ability of the party from whom alimony is sought to meet his or her own needs while meeting the other’s; and (9) the financial needs and resources of each party.
Resources in detail
The ninth factor lists what counts as financial needs and resources: income; income from assets, whether property of the marriage or not; potential income that may be imputed to non-income-producing assets; any previous award of child support in the case; each party’s financial obligations; the right to receive retirement benefits; and the taxability or non-taxability of income.
Abuse as a factor
The statute names a history of physical, emotional or financial abuse by one party against the other as a circumstance contributing to the estrangement, and the same language appears in the property statute. Keep records such as police reports, protective orders, messages and financial statements.
Amount and period
The court determines both the amount and the time period, and the award may be indefinite or term-limited and structured as appropriate to the facts. See duration and retroactivity.
Questions to bring to an attorney
Ask how the court has treated your factors in similar cases, whether a term-limited or indefinite award is more likely, and how a property award would interact with alimony.
Gathering your evidence
Prepare income and expense statements for both households, proof of education, training and work history, medical information, the marriage dates, tax returns and retirement account statements. The District of Columbia alimony calculator shows the marriage length and a retroactive estimate.
Frequently asked questions
What factors does D.C. consider for alimony?
Nine factors including self-support ability, time for education or training, the standard of living, duration of the marriage, the circumstances of the estrangement including abuse, age, physical and mental condition, the payer's ability to meet needs, and each party's financial needs and resources.
Can D.C. alimony be awarded to either spouse?
Yes. The court may require either party to pay alimony to the other if it seems just and proper.
Does retirement count for D.C. alimony?
Yes. The right of a party to receive retirement benefits is part of the financial needs and resources factor.
Is abuse a factor for D.C. alimony?
Yes. The circumstances that contributed to the estrangement, including a history of physical, emotional or financial abuse, are a factor.
Does the standard of living matter for D.C. alimony?
Yes, but the court gives consideration to the fact that there will be two households to maintain.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.