Alimony, often known as spousal support, refers to regular payments of money made by one spouse to the other before, during, or after a divorce. Spousal support serves to recognize the spouse receiving money for contributions to the marriage. It helps to keep the spouse’s standard of living at the level they became accustomed to while married.
Where possible, spousal support also helps the spouse become financially independent. An order from the court or a divorce settlement governs the payment of spousal support.
How Can I Change or Cancel an Order for Spousal Support?
One of the most frequent causes of ending spousal support is the death of either spouse or remarriage. If the receiving spouse cohabitates with another person in a romantic relationship, certain states permit the reduction, suspension, or cancellation of alimony payments.
Support is permanently terminated if the payor can demonstrate one of the circumstances listed in the family law court’s automatic termination order. Proof of a change in circumstances is required for the spousal support order to be modified. Each case is assessed independently.
What Constitutes a Valid Marriage?
For an ex-spouse to qualify for spousal support, the court must decide that there was a legal marriage. There is no legal justification for spousal support awards where a marriage has been declared unlawful or annulled unless state law specifically allows for such an award.
The Conditions for Spousal Support
The payment of spousal support is not required and is not always granted. Spousal support is frequently granted by courts when particular circumstances exist, such as:
- Your spouse may not be able to live alone or find a gainful job due to a disability or other health issue.
- The earning capacity, income, and financial commitments of the two parties differ significantly.
- In situations where one spouse paid for the other spouse’s professional education, one spouse often made a considerable contribution to their education or work.
- One spouse raised the child at home most of the time.
How to Calculate Spousal Support
In contrast to child support, most states do not have strict financial requirements for spousal support. The amount of alimony is entirely up to the court’s discretion.
The former spouses’ age, physical health, mental state, and financial situation are just a few of the many considerations that courts take into account when calculating spousal maintenance, as well as:
- Length of time the recipient would be required to complete their education or training to become independent
- Standard of living of the couple during their marriage
- Duration of the union
- The ability of the paying spouse to support the receiving spouse while remaining independent.
Various Forms of Spousal Support
Spousal support often comes in four different forms. These consist of:
Support for the Spouse Temporarily
Frequently, temporary spousal assistance is given even before the divorce is officially finalized in court. Spousal support might help the spouse with a lower income get by while the divorce is being processed. The other reason for temporary spousal support is to enable the spouse with the lesser income to maintain their standard of living in the interim between the couple’s separation and divorce.
Normal practice is for a temporary court order to be used to award temporary spousal maintenance if there was no written agreement between the parties previous to the separation.
Support for Rehabilitation and the Short Term
For a brief time, rehabilitative spousal support is granted. The idea is to give the spouse a lesser income and a chance to improve. This helps the spouse with a lesser income to get employment training, an education, or useful work experience to help the spouse become more independent. This spousal support continues until the spouse receiving it returns to employment.
The agreement is that payments will end once the receiving spouse secures employment; however, no specific date is typically established in advance. The paying spouse may approach the court for a termination date or a reduction in the support amount if they believe the receiving spouse is not finishing school or looking for a job.
Permanent or Long-Term Support
After lengthy unions that have lasted longer than ten years, permanent assistance may be awarded. Typically, the receiving spouse will need to be supported indefinitely and is unlikely to return to the workforce.
Knowing whether your state allows for permanent support is crucial because some states do not. When the recipient or paying spouse passes away, the ongoing spousal support becomes permanent or long-term. The permanent spousal support may stop in around half of the states if the beneficiary starts cohabiting with someone else in a marriage or a relationship that resembles one.
Reimbursement Assistance
The purpose of reimbursement support is to make up for the recipient spouse’s decision to forgo furthering their education, training, or career while choosing to work to support the family while the paying spouse pursues a lucrative professional career.
Reimbursement support is spousal support that is not based on financial need. Both partners in a marriage anticipate that the other will be able to pursue their aspirations once the supporting spouse has established themselves and has a higher income.
Reimbursement spousal support requires the paying spouse to give some of what was contributed to the marriage back if the marriage dissolves before the recipient spouse is able to do so.
How Long is Spousal Support Paid?
The length of spousal support varies depending on the circumstances. The support order granted by the court typically specifies the timeline. The support payments will stop once the allotted time has passed.
In some cases, spousal support may be stopped early. These consist of:
- The spouse of the recipient lives with another person.
- The recipient spouse’s income levels have changed, enabling them to become more self-sufficient.
- Due to the altered circumstances, the paying party will face hardship as a result of the payments; and
- Several more elements chosen at the court’s discretion
These concerns must be brought up in court, and the court will then halt ordering payments of spousal support.
Changes to Spousal Support
Modifying spousal support may be conceivable depending on the altered circumstances of either spouse. The paying spouse or the recipient spouse must file a request with the court describing the proof of altered circumstances that support modifying the court order to do this.
These include the paying spouse’s loss of work, a gain in income for the paying spouse, and a better financial situation for the receiving spouse.
What Happens if the Spouse Refuses to Pay Support?
A lawsuit could be brought up against your ex-spouse if they haven’t been paying their share of spousal support. Any allegations of delinquency that may be made in court will have the backing of a support agreement.
The receiver spouse has a number of options if the court decides that spousal support must be paid, including:
- Salary liens
- Real and personal property taxes
- Confiscation of property
- Garnishing of salaries
- Order from the court directing the paying spouse to pay the past-due sum plus interest
If spousal support is willfully not paid, the amount awarded may increase, or you may be imprisoned.
What Should I Do if I Have a Spousal Support Order?
Check your court order and alimony agreement as soon as possible to become informed of the circumstances. The majority of marriage settlement agreements or court-ordered divorce decrees include clauses defining the details of alimony payments, including the amount to be paid each month and the due date.
If you need to revise the alimony order because you cannot make a payment for some reason, you must demonstrate a change in circumstances to do so. Making the payments in accordance with the agreement’s instructions is crucial to preventing further liabilities. It is advised to consult a family law attorney for guidance on any concerns that might develop as a result of conflicts over the alimony order.
Do I Need a Lawyer?
Marriage dissolution can be a challenging period. It’s crucial to make sure you receive support or pay a fair amount to support your ex-spouse. Contacting a skilled family lawyer will help you understand your rights and navigate the challenging terrain ahead.
