When it comes to the divorce process, there are many questions that an individual will undoubtedly have. Divorce is one of the most common legal matters that occurs in the United States. In fact, according to the United States census, more than 670,000 divorce or annulments occurred in 2022 alone.
The legal term divorce refers to a legal procedure in which the legal marriage between two individuals is dissolved. It is important to note that each state has their own specific laws regarding divorce and the issues that must be addressed in the divorce process.
There are many different issues that come up in the divorce process, including the division of marital assets, the assignment of debt, issues related to the marital home, and even issues of child support and child custody, if there are children involved.
Another common issue is the issue of whether or not there should be any temporary or permanent alimony ordered. The following article explores the concept of alimony, also commonly known as spousal support, when a court can order alimony, how courts calculate the amount of alimony, and how long alimony can last.
What Is Alimony?
During the divorce or legal separation process, alimony, also known as spousal support, refers to a court ordered payment that is made by one spouse to the other. Alimony is typically ordered when a judge determines that one spouse should still financially support the other for one reason or another.
For instance, alimony could be ordered so that the receiving spouse can maintain their lifestyle prior to the divorce, or more commonly to allow the receiving spouse sufficient time in order to obtain financial stability and independence.
Alimony is generally intended to help equalize assets and opportunities when one spouse will clearly be in a better position than the other once the divorce has been finalized. As far as the payment schedule, alimony is commonly ordered to be paid on a regular and monthly basis.
The main two types of alimony include:
- Rehabilitative Alimony: Rehabilitative alimony is most commonly ordered alimony and occurs when one spouse left the workforce in order to support the other spouse’s career, or raise their family.
- Rehabilitative spousal support may also be ordered in circumstances in which one spouse was dependent on the other for living expenses
- When it comes to the duration of rehabilitative support, such payments are generally terminated once the receiving spouse is financially stable and independent
- Permanent Alimony: Permanent alimony refers to support payments that are intended to last for an indefinite amount of time
- These payments typically remain in effect until some life changing event, such as the death of either spouse, or the remarriage or cohabitation of the spouse receiving such payments
In addition to the above two forms of alimony, there are also other forms of alimony that may be ordered by a court. For instance, a judge may also order temporary alimony to be paid while a divorce case is ongoing. The purpose of temporary alimony is to allow a court discretion to award a lower-earning or dependent spouse with a reasonable standard of living until the divorce case is finalized.
In some cases, the two divorcing couples may attend a mediation or negotiate for a form of alimony known as lump-sum alimony. As the name suggests, in a lump-sum alimony agreement, one spouse will agree to pay a one time alimony payment, rather than making regular and continuous alimony payments. These payments are commonly paid immediately upon a date stated in the final decree of divorce.
How Does a Court Calculate the Amount of Alimony?
It is important to note that each state will have their own specific written law or statute that details the circumstances in which alimony can be ordered and the way in which courts should calculate the amount of alimony, if ordered.
In general, when determining whether or not to award spousal support in a divorce, and the total amount of alimony, most states will default to the Uniform Marriage and Divorce Act. That Act provides that the following factors should be considered by a court when determining alimony:
- Income and Financial Resources: The court will generally examine both spouses’ current income, including their salaries, bonuses, dividends, and other sources of income to determining their earning capacity
- Standard of Living: The standard of living established during the marriage will also be considered to ensure that the lower-earning spouse can maintain a similar lifestyle
- Duration of the Marriage: The court will also look out how long the marriage has lasted, as longer marriages typically result in higher alimony awards
- Age and Health: The court will also look at the age, physical, and emotional health of both spouses
- Contributions to the Marriage: The court will also take into account any and all contributions as a homemaker or in supporting the other spouse’s career
- The court will also take into account contributions that may have been made from one spouse’s separate property to acquire marital property or provide for the other spouse during the marriage
- Needs and Obligations: Finally, the court will take into account the reasonable needs of the receiving spouse and any other financial obligations of the paying spouse, such as health insurance, auto insurance, home insurance, etc.
As far as the exact amount of alimony, that will once again depend on your local state’s laws regarding alimony. The amount may be expressed in either a state amount to be paid monthly, or as a percentage of the paying spouse’s net income. Additionally, there are additional considerations for military spouses that may apply.
Do I Have to Pay Alimony if My Wife Works?
Once again whether or not a court will order alimony will be dependent on a variety of factors. In some states, if a spouse is working and able to financially support herself, then alimony cannot be ordered.
However, in other states, just because a spouse works does not automatically mean they are not eligible to receive support payments. Every divorce case is different and unique, so the court will take into account and weigh all of the various factors prior to ruling on alimony.
How Long Does Alimony Last?
Different states have different laws concerning how long alimony can last. In some states alimony may only last for a set period of time based on the length of the marriage. In other states, alimony may last until a set time or the other spouse gains financial independence. In other states, alimony may be permanent until a triggering event occurs.
However, once alimony has been court ordered, the paying spouse must timely make such payments until one of the following occurs:
- The date for termination of alimony that was set by the judge has set been reached
- The receiving spouse remarries
- Either spouse dies
- The judge determines that the alimony payments are no longer necessary after a reasonable amount of time
- The judge determines that the receiving spouse has not made a reasonable effort to become at least partially financially independent
- The paying spouse is able to provide evidence to the judge that they can no longer make alimony payments, due to a significant life changing circumstance
It is important to note that if the paying spouse refuses to make the alimony payments before any of the aforementioned conditions has been met, the receiving spouse has options for recourse, including:
- Contacting the county’s appropriate department of revenue for enforcement of the alimony order
- Retaining an attorney and filing a motion for contempt of court ordered payments
- Filing their own motion for contempt of court ordered payments using the appropriate forms approved by their local court
If the paying spouse is found to be in contempt of court, then their wages may be garnished to make such payments. Additionally, there may also be liens placed on their wage, real, or personal property. A court can also order that the payments missed accumulate interest.
A willful failure to make court ordered alimony payments could also lead to a potential increase in the amount of alimony payments, or possible imprisonment, depending on the specific state’s laws on contempt of court and alimony.
Can Alimony Payments Change?
In short, yes, alimony payments can change. If something happens that dramatically changes the economic position of either spouse involved, either spouse may petition the court for a modification of the alimony order. Alternatively, either spouse can petition the court to eliminate the spousal support payments altogether.
Do I Need a Lawyer for Help With Alimony From My Wife?
If your spouse is requesting you pay alimony, it is recommended to consult with an experienced alimony attorney. Obtaining alimony, especially temporary alimony during a divorce is often a complicated process that can heavily impact the financials and well being of all parties involved.
LegalMatch can assist you in setting up a consultation with a family law lawyer in your area. They can then inform you of your local state’s law concerning alimony. They can also help you determine whether or not your spouse is eligible to receive alimony.
A lawyer can also help you navigate the more complicated procedures of the divorce process. This means that your attorney can help you gather evidence necessary to support your position on alimony and other issues involved in the divorce process. Finally, an attorney can also represent you in court, as needed.
