What is alimony? This is an important question if you are getting a divorce. That’s because you could be ordered to pay alimony or could be the recipient of it depending on your financial situation.
This guide explains what alimony is, how it works and when it is part of a divorce settlement.
What Is Alimony?
Alimony is money one spouse is required to pay to another. The purpose is to help ensure that a divorce does not cause a drastic decline in quality of living for a lower earning spouse–especially if the couple has been married for a long time and there is a large discrepancy in earning power between the two spouses. Alimony is also sometimes called spousal support or maintenance.
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Temporary vs. Permanent Alimony
Alimony may be awarded temporarily or it may be awarded permanently. When it is awarded on a temporary basis, it is sometimes called rehabilitative alimony.
Temporary alimony is more common than permanent alimony. The court may order temporary alimony while a lower earning spouse needs time to become self-supporting. The lower earner gets this extra financial help as they get education, training or experience that will allow them to become self-supporting.
Permanent alimony is appropriate in situations where the earning disparity between the spouses will be persistent and is substantial. If one spouse cannot feasibly become self-supporting, perhaps because of a long period out of the workforce or because of health issues, then permanent alimony is appropriate.
How Does Alimony Work?
Alimony may be awarded by the court when a marriage is dissolved. Or a couple could agree during the divorce process that one spouse will pay alimony to the other. In some cases, a premarital agreement will also dictate who pays alimony and in what amount.
When alimony is ordered by the court or is included in a negotiated divorce settlement, then the paying spouse sends regular payments to the recipient spouse on a pre-arranged schedule.
An alimony order may come with an income-withholding order, which requires the paying spouse’s employer to take the money directly out of their paycheck to go to the other spouse.
Alimony ends with the death of either spouse or if the recipient remarries (unless the court order specifies otherwise).
Who Receives Alimony?
Either person in a marriage could receive alimony and it is not limited by gender.
Typically, the person who receives alimony has a lower income and limited ability to increase their earnings to a level that would allow them to maintain the same standard of living as they enjoyed during the marriage.
Who Could Be Ordered to Pay Alimony?
A higher-earner in a marriage could be ordered to pay alimony. This could be either spouse, as long as the individual makes more money than the lower-earning spouse.
What’s the Difference Between Alimony vs. Spousal Support?
Alimony and spousal support are essentially the same thing–there’s no legal difference between them. Alimony or spousal support are different from child support. While child support is intended to provide for a minor child, alimony is intended to help support an ex-spouse.
How Is Alimony Calculated?
A couple can agree on alimony themselves outside of court if they negotiate their own divorce settlement. Couples can decide on the amount of money they feel is appropriate, as long as both parties are in agreement. The court must approve the agreement and determine it is fair.
If a premarital agreement addresses alimony, the terms of that agreement are usually enforced to determine how much alimony must be paid–unless there was a problem with the creation of the prenuptial agreement that causes the court to void it.
If a couple cannot agree and no premarital agreement is in place, then the court decides whether alimony should be ordered and in what amount. State laws differ on exactly what a court looks at when deciding how much alimony to order but in general, the following factors may be considered:
- The earning power of each spouse
- The length of the marriage
- The ability of each spouse to be self-supporting
- The standard of living established during the marriage
- The division of marital property
- The contributions each spouse made to the career of the other
- The age and health status of each spouse
A divorce lawyer can provide assistance in determining if alimony is likely in your situation and can help you to estimate how much alimony the court may order.
Can You Avoid Alimony?
If you want to make sure you do not have to pay alimony if you divorce, you should create a prenuptial or postnuptial agreement with your spouse. It’s best to work with an experienced attorney who will ensure your agreement is valid and enforceable in the event of a divorce.
If you don’t have a prenup, you can try to negotiate a divorce settlement with your spouse that doesn’t include alimony, or you can try to convince the court alimony is not appropriate in your situation. There’s no guarantee either of these approaches will be successful–especially if you make more money than your spouse does.
Can You Modify Alimony?
If you want to modify an alimony order after a divorce, you need to show a material change in circumstance. For example, if you have been ordered to pay alimony but you can no longer work due to a disability, you may be able to ask the court to make a change.
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Frequently Asked Questions (FAQs)
Do I have to support my spouse after divorce?
You may or may not have to pay spousal support after divorce. Whether you will be required to pay alimony depends on many factors including whether you have a prenuptial agreement, whether you and your spouse can agree on spousal support outside of court or whether the court feels it’s appropriate to require you to make spousal support payments.
How does alimony work?
Alimony is sometimes ordered when a couple divorces and there’s an earning disparity. It could be temporary to give a lower-earning spouse time to become self-supporting. Or it could be permanent if there’s an ongoing need for support.
Why do people want alimony?
People may want alimony after a divorce if they cannot support themselves at the same standard of living they enjoyed during the marriage. This is especially true if they contributed to the career of their higher-earning spouse or if they stayed home to take care of a family and gave up career opportunities because of it.
