It is crucial to recognize that alimony may be called a different name in your state. Alimony can be referred to as spousal support or maintenance in many states. As you read this guide, consider that some terms may vary depending on your location.
If you are going through a divorce and worried about your assets and what you might have to pay, consider hiring experienced divorce lawyers at Cordell & Cordell.
What is Alimony?
Alimony, often referred to as spousal support or spousal maintenance in many states, is the financial support one spouse pays to the other. The court considers several factors, including:
- Giving one spouse the time to hone his or her work skills and find a better-paying job
- Giving one spouse time to obtain the education required to find a better-paying job
- When the salaries of each spouse are so different, the receiving spouse needs it to continue living in the manner to which he or she is accustomed
- When one spouse is found wasting assets before or during the divorce
- When one spouse commits a “fault” during the marriage, such as being unfaithful
How is Alimony or Maintenance Awarded?
In most states, alimony or maintenance awards are at the discretion of the court. However, the court can’t just pick a number out of thin air. Most states use several of the following factors to determine who should receive alimony or maintanence, how much per month, and for how long.
- The parties’ current income
- Asset division
- Both parties’ earning potential
- The duration of the marriage
- The contributions to the marriage
- The ability of the higher-earning spouse to support two households
- Whether one spouse supported the home while the other received an education or created a business
- The standard of living during the marriage
- Whether one spouse was a homemaker or stayed home with the children
- Whether the parties have children, and if so, whether child support is required
- The age and health of the parties
- The emotional health of the parties
- Ongoing responsibilities for the children of the marriage
- Tax consequences
For example, Auckland does not count the recipient’s income, but it has other factors that help keep the monthly payments lower.
How Much Can You Receive or Pay in Alimony?
Again, it’s important to note that many states use the term “maintenance” or “spousal support” when discussing the concept of alimony. Speak with an lawyer in your state for specific information, as each state enforces alimony/maintenance orders differently. However, enforcement is not usually automatic – you have to file a motion with the court to enforce the divorce decree or separation agreement. While every state is different, they are all universal for some things, such as how they enforce maintenance payments.
States also vary in the types of alimony the courts will order. Most states have some form of:
- Temporary alimony during the pendency of the divorce
- Permanent or indefinite alimony is often based on the duration of the marriage and other factors in states that offer this
- Rehabilitative alimony, sometimes referred to as bridge-the-gap alimony, allows one spouse to obtain the training or schooling necessary to become self-sufficient
- Lump-sum alimony, which is often by agreement of the parties. In some cases, the court may order lump-sum alimony if the payor has the cash or assets to cover it.
Some states, such as California, rely heavily on the duration of the marriage. For example, in California, spousal support can be indefinite if you were married for 20 or more years. However, if you were married for less than 20 years, you can only collect alimony for half of the duration of the marriage.
If you have a significant change in financial circumstances, you can ask the court to abate alimony payments. Some reasons for abatement include:
- Retirement
- Suffering a long-term illness
- Becoming permanently disabled, such as receiving injuries from a car accident that will prevent you from working again
- Remarriage of the receiving spouse
How Long Are You Required to Pay Alimony or Maintenance?
The short answer is, “It depends.” Your situation plays a large role in how the court will order these payments, including the type, amount, and duration. A former spouse could pay for:
- A set amount of time
- Until a specific milestone is reached, such as the remarriage of a former spouse, retirement for the payor, or the death of either spouse
- Indefinitely if a former spouse is disabled or elderly
In any case, either party can ask for a modification of an alimony or maintenance award if he or she experiences significant changes in income.
Why Work with Cordell & Cordell
A lot of factors go into determining alimony, including evidence that your spouse “needs” the extra support. An experienced divorce lawyer at Cordell & Cordell can assist you in defending or prosecuting your case involving alimony payments through final judgment.
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Find Out if You Can Receive Alimony in Your Situation
Cordell & Cordell is a national law firm that represents men in various family law matters. Contact our team today at 866-DADS-nzW or fill out our online contact form to schedule an initial consultation about your legal separation case.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.