All About Alimony
Sometimes divorcing couples think alimony, or spousal support, is only for the very wealthy, but that isn’t the case. Another common misconception is that alimony is somehow linked to child support.
Make no mistake: if you’re considering filing for divorce, you should also be thinking about alimony, just in case it applies to your situation; read on for further information.
What is alimony?
Alimony is also called spousal support and is essentially payments that one ex-spouse makes to the other intended to limit adverse economic effects of divorce on the lesser-earning party. Alimony may be agreed to by the couple or may be awarded by a court.
How is alimony determined?
Aside from being entirely independent of one another, child support and alimony are also governed by wholly different rules. That is, whereas child support payments are determined based on a very specific set of factors and guidelines by the court, alimony awards are much less predictable as courts have broad discretion in not only whether to award alimony but also the amount and duration.
Courts are not completely left without guidance on the matter, however. In addition the principle that each party should be able to continue to live in the manner to which s/he has become accustomed, some states also look to the Uniform Marriage and Divorce Act for guidance. The following factors are often considered in determining alimony awards:
- Length of the marriage and of the separation
- Standard of living throughout the marriage
- Each party’s age and health
- Each party’s financial health, employment prospects, and earning capacity
- How long it would take for the potential alimony recipient to become finally independent
- Ability of alimony payer to pay spousal support and still support himself or herself
- Each party’s fault, if any, in the breakdown of the marriage
How long do alimony awards usually last?
It is difficult to generalize about how long courts require alimony must be paid, but there are three types of alimony a court can grant:
- Permanent alimony: Alimony is to be paid for the rest of the receiver’s life or until s/he remarries.
- Temporary alimony: Alimony is to be paid over a short period of time, usually until all property has been divided.
- Rehabilitative alimony: Alimony is paid long enough to allow the other party to get back on its financial feet.
Alimony payments often end if the receiving party gets remarried, but does not always end with the death of the receiving party. They may be open-ended or have specific end dates as decided by the court. As always, be sure to check with your attorney regarding the specifics of your case.