A spouse may be entitled to alimony after a divorce or separation. Historically, alimony has been awarded because of the notion that the spouses are supposed to support one another throughout the marriage. Alimony aims to continue this support obligation after the marriage has dissolved.
Alimony in General
Alimony is the responsibility of one spouse to provide monetary support to the other spouse after divorce or separation. Once the divorce is finalized, either spouse can ask for post-marital alimony. Alimony is not an absolute right, but it can be granted depending on the particular circumstances of the divorce proceeding.
Alimony is not child support. Child support is a contribution to support the children and is not subject to taxation. However, alimony is taxed because it is considered to be income to the receiving spouse. Spouses can be penalized for failing to pay alimony and state penalties for failure to pay alimony vary. Some laws provide that failure to pay initializes debt collection procedures while other state laws find that failure to pay may result in loss of driver’s license, contempt of court charges, or time in jail.
Types of Alimony
In general, there are four types of alimony awards: temporary, rehabilitative, permanent, and reimbursement. Temporary alimony is the support awarded prior to and during the divorce (pendente lite). Rehabilitative alimony is support awarded to the spouse with the lower income while he or she finds employment and becomes independent. Permanent alimony is paid to the lower income-earning spouse until either spouse dies or the recipient remarries. Reimbursement alimony is repayment made to the spouse who paid for the other spouse’s expenses during the marriage, such as reimbursement for educational expenses.
Factors
States vary on how to determine alimony. Some state laws include specific guidelines judges must follow as to the length and amount of alimony awarded. Other state laws have only vague guidelines and include factors judges should consider when determining alimony awards. The judges have great discretion when applying these factors. These factors include the marriage’s length, time separated while still married, spouses’ ages at time of divorce, spouses’ incomes, spouses’ financial prospects, health, fault causing the marriage’s breakdown, and gender. In general, women are more likely to receive alimony than men because men, historically, make more money and have regular employment.
Get Legal Advice
In a divorce proceeding it is important to consult with a qualified lawyer. A skilled divorce attorney will help you navigate the legal procedures necessary for a divorce and ensure that you are adequately represented.
