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Spousal Support
And Child Alimony
What is Spousal Support or Alimony?
Spousal support (also know as alimony) represents regular payments made from one spouse to the other during a separation or after a divorce. The purpose of spousal support is to recognize the recipient spouse's contribution to the marriage and to assist that spouse to achieve financial independence where possible.
What are the Requirements for Spousal Support?
Spousal support or alimony is only granted to individuals who were actually and legally married. The rules regarding spousal support just like
child support vary from state to state, and are often classified based on the length of marriage.
Short marriages
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 (over 5 years)
For long marriages, extended or even lifetime spousal support may be ordered. The court takes into consideration a variety of factors such as:
Each spouses assumed earning capacity
The property and debts received by each spouse
The physical and mental health of the receiving spouse
Any disparity in earning capacity between the spouses
Duration of marriage
Other income
Contribution to career or education
Contribution as a homemaker
What are the Different Types of Alimony or Spousal Support?
There are several types of spousal support or alimony arrangements. Each arrangement is based on the varying circumstances and needs of the individual.
Rehabilitative alimony:
Fixed spousal support paid for a specific period of time. This award is usually
modifiable for upgrades in education or new work skills.
Lump sum support:
Some states allow a spouse to pay the total alimony obligation at the time of
divorce. This amount is usually equal to the total amount of future monthly
payments. A possible drawback of such an arrangement is that there may be
significant tax consequences, so make sure you research all of your options with
a professional.
Permanent alimony: Spousal
support paid for an indefinite period of time. Although there is no fixed date
when support ends, it should not be expected that payment will be for life. In
order to alter such an arrangement, you must petition the court for a change.
Can Spousal Support be Modified or Terminated?
Yes. There are different ways in which alimony can be modified or terminated.
Events that end spousal support payment obligations are:
The death of either spouse.
The spouse receiving alimony gets remarried.
Events that may end or modify spousal support payment obligations are:
Paying spouse is either retired or terminated from work.
Substantial increase in the income of the spouse receiving alimony.
Spouse receiving spouse lives with another person romantically (cohabitation). Each court treats this situation differently. Some courts immediately terminate spousal support, while others look at whether there is a financial advantage and if the co-habitation looks like a marriage
Record keeping
Always keep accurate and detailed records if you receive or pay spousal support, 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.
