Alimony or spousal support defines an amount of money that one ex-spouse pays to another after the divorce. It mostly helps the spouse with less income to live similarly and at a standard close to that which they had when married.
Alimony is different from child support and property division and is generally granted to the spouse with the lower income. However, the amount of support a spouse may receive and the length of the receipt may be based on many variables.
In this article, we’ll go over the basics of alimony and explain the different types of spousal support in a way that’s easy to understand. We’ll also touch on how courts decide alimony, how it can change, and what trends are shaping this area of divorce law today.
What is alimony?
Alimony is financial support given to an ex-spouse after separation. It’s designed to help ease the financial hardship caused by divorce. For example, if one spouse stayed home to take care of the kids or support the household, they might not have the job skills or income to cover their bills right away. Alimony gives the spouse some time to get back on their feet.
The main idea behind alimony is to ensure that neither spouse struggles too much financially after a divorce. Laws changed over time, and now the husband or wife may have the right to alimony rather than just the women.
Types of Alimony
Courts can order different types of alimony. Each type serves a different purpose, and the type one receives or pays is determined by the circumstances surrounding the divorcing couple.
01. Rehabilitative Alimony
Rehabilitative alimony is a kind of short-term support to help the lower-earning spouse get back into the workforce. This might mean going back to school, getting training, or finding a job. The idea is that this type of alimony helps the recipient become self-supporting over time. Courts will often look at how long the marriage lasted when deciding how long this type of alimony will last.
02. Reimbursement Alimony
This type of support is meant to repay one spouse for things they did to help the other spouse succeed. Perhaps one spouse worked full-time while the other went to school to obtain a better job, or maybe one stayed at home with the children while the other advanced in their career. Reimbursement alimony helps make things fair by paying back the spouse who supported the other financially or emotionally.
03. Interim Support
Courts may order temporary alimony during divorce proceedings. This allows a low-income spouse to pay expenses until the divorce is finalized. Once the divorce has been concluded, this kind of support generally stops, unless replaced by another type of alimony.
04. Permanent Alimony
Permanent alimony applies when one spouse cannot support themselves for a long period of time due to age, disability, or caring for the children. This support continues until certain conditions are met, like remarriage or death. In addition, in some cases, “permanent” alimony is also not permanent, as it could terminate, for instance, if the spouse becomes capable of earning an income.
05. Lump Sum Alimony
Sometimes, courts order a lump sum (one-time) payment instead of regular payments. This may be ordered in situations where both spouses agree it is much easier than making or receiving monthly payments. It is also an option when one spouse does not want to remain financially connected with the other for years after the divorce.
How Courts Decide Alimony
Unlike child support, there is no single formula that the courts will apply in determining alimony. Instead, judges have a lot of freedom to decide whether alimony is necessary and how much it should be. While alimony laws vary from state to state, many states will follow similar guidelines.
Following are a few factors which the judge may consider in granting alimony:
- Duration of the marriage
- Age, health, and financial condition of the parties
- How long the lower-earning spouse will need to find employment, become self-sufficient
- The standard of living the couple enjoyed during the marriage.
- Paying spouse’s ability to pay as related to the party paying to have sufficient to meet their reasonable expenses
The Uniform Marriage and Divorce Act recommends these factors, and many states follow them. But keep in mind that each state has its own rules about how alimony works.
How long does alimony last?
Alimony is not always awarded for life. More frequently, courts establish a duration, especially where a spouse receiving support is capable of being self-sufficient. Temporary alimony, such as rehabilitative or reimbursement, generally has an end date following which the spouse can complete the necessary education or training.
However, alimony can last longer when one of the parties has health issues, is elderly or has been out of the workforce for a long time. If the divorce order does not set an end date, alimony will continue until a judge grants permission to terminate it.
Alimony usually ends upon the beneficiary’s marriage or cohabitation with another person. It may end upon the death of one of the spouses, but in some cases, the court may order the payment to be made from the estate or life insurance of the paying spouse.
Can Alimony Be Changed?
Unlike child support, alimony doesn’t automatically change based on factors like the cost of living. A court may change an order for alimony only if the financial situation of the spouse paying the alimony changes significantly. For example, if the paying spouse has lost their job or becomes disabled, that spouse could ask the court for a decrease in alimony. The paying spouse must prove that he or she can’t afford the original alimony amount set by the court.
It can also be increased or extended upon proof that the receiving spouse still needs support to meet their living expenses.
Enforcement of Alimony
Of course, enforcing an alimony order is not always as straightforward as enforcing child support. Courts may consider wage garnishment, a lien, or contempt of court to force someone to pay alimony, but it can be harder to enforce alimony than child support. If one spouse fails to pay what is owed, the other can return to court to seek additional assistance in getting their money.
Current Trends in Alimony
Alimony laws have changed a lot in recent years. In the past, it was mostly women who received spousal support, but that’s not the case anymore. Now, with more women in the workforce and more men acting as stay-at-home parents, we’re seeing more cases where men receive alimony from their ex-wives.
Notably, another factor that has influenced recent trends in alimony is the legalization of same-sex marriage. Same-sex couples enjoy similar rights as other married couples; thus, the courts impose the same rules pertaining to alimony, regardless of the gender of the spouses.
Changes in Taxation of Alimony
Starting in 2019, major changes in tax law affected alimony. Previously, payors could deduct the payments on their taxes, and the recipient was required to report the payment as income. Now, for divorces finalized after January 1, 2019, the payor no longer has the benefit of deducting the payments, and the payee is not required to show the payments as income. This, in turn, is beneficial to the beneficiary because such an amount is not taxable in his hands.
Concluding Remarks: When to Talk to a Lawyer
If you are getting divorced and believe you will have a need for alimony, it would be a good idea to seek out an attorney. No divorces are alike, and the laws on alimony can vary quite a bit depending on the state. An alimony law attorney will be able to help you in determining the type of support you will be in a position to avail yourself of or pay and for what duration.
Alimony may make all the difference in settling into life after divorce, particularly if there is a difference between the incomes of you and your ex-partner. Whether you pay or receive alimony, the more you understand the process, the easier it will be to plan your financial future.
