Alimony, or spousal support as it is more modernly known, is a legal obligation to continue to provide financial support to one's spouse after a legal separation or a divorce. Alimony is rooted in the belief that once a couple is married, both spouses have an absolute obligation to support each other during their marriage. Alimony is merely a continuation of this obligation to support one another after separation or divorce has occurred. Alimony allows the other spouse to continue to live in the lifestyle she did prior to divorce.
Alimony is not Automatically Granted
The court considers a number of factors when deciding whether to grant an award of alimony. For instance, the court considers the length of the marriage, the standard of living of the parties, the parties' future prospects for income and maintaining the standard of living after the divorce, and the conduct of the parties leading to the divorce. There is no set formula for calculating an alimony award. The court will weigh all factors before reaching a decision on granting alimony. No one factor is more persuasive then another.
Alimony Can be Modified or Terminated
You can file a motion with the family court to reduce or terminate an award of alimony. The court will reduce or terminate the alimony obligation upon a showing of changed circumstances to support the modification of the alimony award. Changed circumstances include an increase in the cost of living for the husband or an increase in the wife’s income. Both explanations are sufficient grounds to reduce alimony. The party seeking a modification in alimony has the burden of proof to show a change of circumstances. Additionally, the party must show how the changed circumstances have impaired his ability to earn a reasonable living.
Likewise, a court can terminate an alimony obligation. One reason a court may terminate an alimony award is if the spouse receiving alimony remarries. Upon remarriage, any alimony award will automatically terminate. The court does not consider the financial health of the new marriage. If the new marriage fails, the old alimony award will not revive. Once alimony is terminated, it can never again be reinstated.
Each state has different laws regarding the granting of alimony. Speak with an attorney in your state to determine your rights and discuss your concerns.
