Alimony, also known as spousal support, is the regular monetary payment to a spouse during separation, divorce proceedings, or after a divorce decree is issued. Each state has its own rules regarding when alimony may be granted, as well as the amount and duration. Generally, the purpose of alimony is to provide financial assistance to the recipient spouse until he or she becomes self-supporting. Depending on the state, courts can grant permanent alimony (payments are indefinite in duration) in situations where the recipient spouse has no means of gaining financial independence.
Alimony is only granted to individuals who were actually and legally married. The factors the court looks at to determine alimony vary from state to state. Often, there is no set formula for determining alimony, and the court can award it to either spouse. Common factors most courts will look at include:
In general, courts will likely look at the financial needs and circumstances of the spouse requesting support, and whether the paying spouse can afford the support payments.
The court assumes that you have kept the same ability to support yourself that you had before marriage. Each spouse is expected to be substantially independent and self-supporting within a short period of time.
Long marriages (generally over 5 years)
For long marriages, extended or even lifetime support may be ordered. The court takes into consideration a variety of factors such as:
There are several types of alimony, depending on the state:
Yes. The court will look to see if there is a substantial change in the circumstances of one or both spouses, and courts are given wide discretion in determining this. Additionally, the type of spousal support plays a factor in whether termination or modification is warranted. For example, reimbursement alimony, depending on the state, may not be terminable or modifiable even though one or both spouses has changed circumstances. Further, because an award of rehabilitative alimony is short in duration and serves a specific purpose, it may not be affected even if the recipient spouse remarries.
Payment obligations will generally end with the death of either spouse or remarriage of the recipient spouse. Circumstances that can lead to modification (or termination) include:
In the case of cohabitation, a court may not automatically modify or terminate alimony, as it may consider whether the living situation looks like a marriage and if the recipient spouse is indeed gaining financially.
For more information on the different ways alimony can be modified or terminated, see the article “Terminating Alimony.”
Always keep accurate and detailed records if you receive or make any payments and make sure you keep these records for at least 3 years. Doing so will allow you to protect your interests should there ever be a dispute.
In many states there are defined guidelines or equations that determine the amount of child support that should be paid based on the incomes of the parents or custodial adults and the number of children supported - each of these factors is used to determine the amount of child support payments that should be paid. The guidelines differ from state to state, but the determination methodology is generally the same is cover in this article Child Support Amount Calculations. LegalMatch also has many state-specific articles, including:
Whenever spousal support arrangements are at issue, you should consult a family law attorney that specializes in divorce. A divorce attorney will not only inform you of your rights, but also preserve any possible legal remedies that you may have.
Last Modified: 06-07-2018 02:03 AM PDTLaw Library Disclaimer
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