What is Alimony, and When is it Awarded?

Alimony, also known as spousal support or maintenance, is a legal obligation of one spouse to provide financial support to the other spouse after a divorce or separation. The purpose of alimony is to ensure that both spouses maintain a reasonable standard of living after the marriage ends.

Types Of Alimony

There are several types of alimony, each with its own purpose and duration:

Temporary Alimony

• Awarded during the divorce proceedings to help the spouse in need meet immediate financial obligations, such as rent, food, and utilities.
• Typically ends when the divorce is finalized or when the receiving spouse becomes self-supporting.

Permanent Alimony

• Awarded after the divorce is finalized and is intended to provide long-term financial support to the spouse in need.
• The duration of permanent alimony can vary depending on the circumstances of the case, but it is typically awarded for a specific period of time or until the receiving spouse remarries or cohabitates with a new partner.

Rehabilitative Alimony

• Awarded to help the spouse in need gain the education, training, or skills necessary to become self-supporting.
• The duration of rehabilitative alimony is typically limited to the time it takes for the spouse to complete the necessary education or training.

Reimbursement Alimony

• Awarded to reimburse one spouse for financial contributions made during the marriage that benefited the other spouse.
• This type of alimony is typically awarded when one spouse has made significant financial contributions to the marriage, such as paying for a spouse's education or starting a business.

Factors Considered In Awarding Alimony

When determining whether to award alimony and the amount of alimony to award, the court will consider a number of factors, including:

• Length of the marriage: Longer marriages generally result in longer alimony awards.
• Earning capacity of each spouse: The court will consider the earning potential of both spouses when determining alimony.
• Standard of living during the marriage: The court will try to maintain the standard of living that the spouses enjoyed during the marriage.
• Contributions to the marriage: The court will consider the contributions that each spouse made to the marriage, such as financial contributions, childcare, and household work.
• Health and age of the spouses: The court will consider the health and age of each spouse when determining alimony.
• Tax implications: The court will consider the tax implications of alimony awards.

Modification And Termination Of Alimony

Alimony awards can be modified or terminated under certain circumstances, such as:

• Change in financial circumstances of either spouse
• Remarriage of the receiving spouse
• Cohabitation of the receiving spouse with a new partner
• Death of either spouse

Alimony is a complex legal issue that can have a significant impact on the financial well-being of both spouses after a divorce. It is important to consult with an attorney to understand your rights and options regarding alimony.