What Do I Need to Know About Alimony?
“Alimony is basically defined as one spouse's payment to the other—under a court order or the couple's agreement—after divorce or while a divorce case is proceeding. States use different terms for alimony, such as spousal support and maintenance, but they usually mean essentially the same thing.” (1) The important thing to remember is that alimony isn’t automatic, and it is not ordered in every divorce. If you are facing a divorce you will want to understand what alimony is to see if you could request it, or if you think your former spouse might ask for it. It’s important to understand how the judge decides to award it, when you can change or stop your payments and how you might reach an agreement on the issue without a judge’s decision for you.
What alimony is not
It is important to remember that alimony is not a way to equalize a couple’s financial situation. Alimony is simply intended to ensure both parties can meet their financial needs. Spousal support has been altered nationwide to be gender-neutral, meaning that it is not just wives who receive alimony.
What kinds of alimony exist?
There are typically three types of alimony available. There is temporary alimony available only until a divorce is final. There is rehabilitative support which is intended only to help during the time of transition. And finally, permanent support. The word permanent can be deceiving as alimony is not likely to last the entirety of your life. It is usually awarded in situations of lengthy marriages where one party was out of the workforce long-term. Some states have a length of marriage requirement to even be considered.
How is alimony decided?
The judge must first decide if one party needs alimony and if the other party can afford to pay alimony. Some things the judge will take into consideration are the couple’s standard of living, income, assets, debts, how the property division will fall, length of marriage, health of each party, and the like. The judge will typically consider the circumstances as well, for example, if domestic violence or misconduct occurred within the marriage. It does not matter typically which spouse filed for divorce.
Family law courts have many tools at their disposal to help with determining alimony and enforcement. A good lawyer can ensure you get the best deal possible to meet your needs.
(1) https://www.nolo.com/legal-encyclopedia/alimony-what-you-need-know-30081.html#:~:text=Alimony%20is%20basically%20defined%20as,mean%20essentially%20the%20same%20thing.