How can I figure out alimony during a divorce?

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Question:

How can I figure out alimony during a divorce?

Answer:

Alimony, unlike child support which is paid to help maintain children, is an amount of money paid by one spouse to the other to help him/her financially following a divorce.  Generally this is requirement if one spouse worked during the marriage and the other did not.

There are several options available when it comes to alimony and the court as well as the couple usually come to an understanding of which form is best for the situation.  For example, one possible option is a "lump sum alimony," which is exactly how it sounds.  The financially providing spouse makes a one-time lump sum payment to the other.  The idea behind this is that the amount of money will give the other spouse sufficient time to find a position or career in which they can provide for themselves.  Usually, this isn't the preferred form of alimony as it requires the other spouse to budget accordingly, it lasts for a finite period, and there are tax obligations attached to it.

Permanent alimony, on the other hand, is much more preferred.  Despite its name, it doesn't last forever; it merely means that the payments are made regularly for a period of time.  The end date is not set in advance since it is impossible to say at what point the payments will no longer be needed by the receiving spouse.  At some point, circumstances will change - either the receiving spouse remarries someone who can provide for him/her, or the providing ex spouse can no longer afford to make the payments. 

The only difference between Permanent Alimony and Temporary Alimony is that the payment schedule, which is set up the same, is done so with an end date specified.  Like the lump sum situation, temporary alimony assumes that the receiving spouse will have another form of financial support by a certain time.

As to the exact amount that will be paid during any of these time periods, the judge will make that determination.  He will base his decision on several factors that include:

  • The financial situation of the couple at the time of divorce
  • The income of each spouse at divorce
  • Child support expectations
  • The length of time the couple spent married (longer generally means more money)
  • The lifestyle the couple has come to expect
  • The debts that the couple have accumulated during their time together, and how much must be paid regularly
  • The assets shared by the couple at the time they divorce
  • Future Income ability of the spouse receiving payments - can shorten the amount and/or time
  • Disability or age of the spouses - elderly spouses can affect the amount received
  • Prenuptial agreements are legal documents which can dictate much of what is decided in court by way of alimony.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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