Alimony is the payment of funds to your former spouse during or after divorce proceedings. It is often referred to as spousal support, and alimony laws vary widely from state to state regarding who has to pay alimony, how much they have to pay, and for how long they have to pay it. There are several different types of alimony, and the courts treat each one differently. Some states do not require alimony at all, while some will award it automatically to one spouse or the other depending on the reasons for the divorce and the specific financial situations of each spouse.
Types of Alimony
There are several types of alimony which are commonly seen or awarded by the courts:
- Temporary alimony is paid as support payments for the duration of the time from when divorce was filed or separation took place, to the end of the divorce proceedings, giving a spouse the money to maintain his or her lifestyle while the court case is ongoing.
- Rehabilitative alimony is alimony paid to help one spouse re-train for a career or job – for example, a mother who stayed at home to raise the children.
- Lump sum alimony is paid in one amount and is intended to even out the disparity in income between the two parties involved
- Some spousal support is awarded by the courts for indefinite periods of time to help one spouse with a lower income maintain his or her former lifestyle.
Factors in Determining Alimony
The courts will take into consideration a number of factors when considering the alimony law and determining how to award alimony. For example:
- Both parties incomes and expenses will be examined to determine who makes more money or how the upkeep of marital property may affect one spouse more than another.
- Typically, alimony law awarded payments to the wife, who often makes less money or has made a commitment to stay home with the children and sacrifice her career for that purpose. This is changing as women make more and more money and become more equal, and alimony can be awarded to a man as well.
The courts will also examine specific situations. If one spouse cheated on the other and diverted marital funds to his/her girlfriend or boyfriend, some of that money may be deemed necessary to be repaid to the other spouse under alimony law. In any case, alimony law will be followed when the court is determining how much alimony is due, how long the payments will continue, and who will receive the alimony benefits under the settlement of the divorce proceedings.
Getting Help
Contact a lawyer to determine what your state’s alimony law consists of in order to be sure you are aware of the possibilities. Your attorney can help you come to a fair arrangement for alimony given your circumstances and the nature of your divorce.
