Divorce is a painful process, and it can be even more challenging if one spouse has to pay alimony or spousal support. Alimony is a payment made by one spouse to the other after a divorce to provide financial support. In many cases, it is critical to help the receiving spouse maintain some standard of living and pay bills until that spouse has the ability to become self-supporting.
What is Alimony or Spousal Support?
Understanding Alimony or Spousal Support
Alimony is also called spousal support. It is money paid by one spouse to another after a divorce. The main purpose of alimony payments is to make sure that the recipient spouse can maintain a standard of living that is similar to the one experienced during the marriage. Each state in the U.S has specific spousal support laws that must be followed when determining if a person is eligible for spousal support payments, the duration of the support, and the amount to be paid.
Types of Alimony or Spousal Support
Various types of alimony or spousal support can be awarded during the divorce process. The type of alimony awarded depends on the circumstances of the marriage and the situation of both spouses. Temporary support is typically awarded during the divorce process to help bridge the gap until the final decree is issued. Permanent alimony is awarded for a longer period or even indefinitely. Lump-sum support is another type of alimony where a fixed amount is paid at one time.
Temporary and Permanent Alimony
Temporary alimony is paid to one spouse after a separation but before the divorce becomes final. The temporary support is granted to help the recipient spouse meet his or her financial needs until the final settlement is reached. Permanent alimony is support that is awarded when it is clear that one spouse is unable to make enough money to support himself or herself. It can last indefinitely or until the recipient spouse can become self-supporting.
What Qualifies One Spouse for Alimony?
Factors that Determine if You Qualify for Alimony
Spousal support may not be awarded in every divorce case. Some situations where one spouse may qualify for alimony include cases where one spouse financially supported the other during the marriage. Factors that determine if you need alimony payments include non-financial contributions made during the marriage, overall health, and age, ability to earn an income, training, education, and employment history.
Earning Ability of Each Spouse
When considering whether one spouse should receive alimony, the court will look at the earning ability of each spouse. The court will also consider whether the spouse requesting support needs additional training or education to become self-supporting. If one spouse left the workforce to care for children, then the court may award support to allow that parent time to get back into the job market.
Length of the Marriage
If the marriage was lengthy, then the court may award support to ensure that the recipient spouse can maintain a standard of living that is similar to that of the marriage. The support payments awarded will usually depend upon the circumstances of each case and the duration of the support may be set forth in the divorce decree.
How Does the Court Determine if You Qualify for Alimony?
Standard of Living During the Marriage
The court will examine the standard of living that existed during the marriage while considering spousal support. The court will look at the type of home, cars, vacations, and other amenities enjoyed during the marriage. This comparison will allow the court to determine how much support the recipient spouse may need to maintain that lifestyle despite the divorce.
Financial Support for Children
The court will also examine the financial support needed for children. The amount of support may affect the amount of support awarded to the recipient spouse. The court will examine the financial circumstances of each spouse, including the income of both families.
Ability of One Spouse to Pay Alimony
The ability of the paying spouse to pay alimony is also a critical factor in the court’s decision. If a spouse is unable to pay the full amount requested, the court may order that the amount be reduced or for a shorter period. The court will also examine the earning capacity of each spouse to determine if the recipient spouse can reasonably become self-supporting.
Can Alimony or Spousal Support Payments Be Modified or Terminated?
How to Modify or Terminate Alimony Payments
In some situations, it may be possible to modify or terminate alimony payments. These changes require a modification of the divorce decree, and both spouses must agree to the changes. In some cases, a change in circumstances may justify a petition for modification, like if the paying spouse loses his or her job or if the recipient spouse remarries.
The Impact of Remarrying or Cohabitating with Another Person
If the recipient spouse remarries or cohabitates with another person, this can impact the support award. If this occurs, the paying spouse may petition the court to terminate or reduce the spousal support payments.
Termination of Alimony Upon Death of One Spouse
Alimony payments terminate upon the death of either the paying spouse or the receiving spouse. When drafting the divorce decree, spouses can opt to state that alimony payments will continue even after one spouse’s death, but such an arrangement must be agreed upon and stated in the decree.
What is the Difference Between Alimony and Child Support?
Understanding the Differences Between Alimony and Child Support
Child support payments are separate from alimony payments and are intended to support the needs of the children. Child support is typically paid by the non-custodial parent to the parent who has primary physical custody of the children. The amount of child support awarded is determined based on a variety of factors, such as each parent’s income, the number of children in the family, and the children’s living expenses.
How Alimony and Child Support Payments Can Coexist
Alimony and child support payments can coexist. If the family law court determines that both payments are necessary, the paying spouse will have to pay both. However, the amount of support can take into account the fact that the paying spouse is already making alimony payments. The amount of each payment will depend on the circumstances of each party.
How the Family Law Court Determines Alimony and Child Support Payments
When deciding on the amount of alimony and child support payments, the court will carefully examine the financial needs of both spouses and the children. It will also examine the paying spouse’s ability to pay support. These factors will serve as the basis for any support award granted.
If you are wondering if you qualify for spousal support, it is essential to speak with a family law attorney who can guide you through the process. They can help you understand your rights and responsibilities for alimony payments, and help you determine what type of alimony payment may be available.
