Alimony, also known as spousal support or maintenance, is a financial arrangement in which one spouse provides regular payments to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain a similar standard of living to what they enjoyed during the marriage, especially if they sacrificed their career or earning potential for the sake of the marriage.
Understanding how alimony works can help you navigate this often complex aspect of divorce.
1. Types of Alimony
There are several types of alimony that a court may award, depending on the circumstances of the marriage and divorce:
Temporary Alimony: Also known as "pendente lite" alimony, this type is awarded during the divorce process to help the lower-earning spouse maintain their lifestyle until the divorce is finalized. Temporary alimony ends once the divorce decree is issued, at which point the court may order a different type of alimony.
Rehabilitative Alimony: This is the most common form of alimony and is designed to support a spouse while they become self-sufficient. It is typically awarded for a set period, allowing the receiving spouse time to acquire education, training, or employment that will enable them to support themselves. Rehabilitative alimony is often subject to review and may be extended or terminated based on the recipient’s progress.
Permanent Alimony: Although less common today, permanent alimony may be awarded in cases where the marriage lasted a long time and the lower-earning spouse is unlikely to become self-sufficient due to age, health, or other factors. Permanent alimony continues until the recipient remarries, cohabitates with another partner, or either party passes away.
Lump-Sum Alimony: In some cases, alimony may be paid in one lump sum rather than through ongoing payments. This may be preferable if the paying spouse has the financial means to make a large payment upfront, or if the receiving spouse prefers the security of a one-time payment.
2. Factors That Determine Alimony
Courts consider a variety of factors when determining whether alimony should be awarded and in what amount. These factors may include:
Length of the Marriage: Longer marriages are more likely to result in alimony, especially if one spouse was financially dependent on the other.
Standard of Living During the Marriage: Courts aim to ensure that both spouses can maintain a similar standard of living after the divorce, within reason.
Earning Capacity: The court will evaluate the earning potential of both spouses, considering factors such as education, work experience, and health.
Contributions to the Marriage: This includes both financial contributions and non-financial contributions, such as raising children or managing the household.
Financial Need: The court will assess the financial need of the spouse requesting alimony, as well as the other spouse's ability to pay.
3. Modifying or Terminating Alimony
Alimony is not always set in stone. Either spouse can request a modification if there is a significant change in circumstances, such as a job loss, a change in income, or a new marriage. In some cases, alimony may be terminated altogether, particularly if the receiving spouse remarries or cohabitates with a new partner.
Conclusion
Understanding how alimony works is essential for anyone going through a divorce. Alimony is a complex and often contentious issue, but with the right legal guidance, you can ensure that your financial future is protected. If you’re facing a divorce and need assistance with alimony or any other aspect of family law, the experienced attorneys at the Law Office of Mark M. Childress, are here to help. We’ll work with you to achieve a fair and equitable outcome that meets your needs.