Alimony

Understanding Alimony

Even though alimony is not as common as it was in the past, it can still be awarded in a divorce case. And, as recent headlines point out, more men are asking for spousal support as part of the divorce settlement. The following information can help you understand the different types of spousal support and the situations in which it is awarded.

Alimony, also called maintenance or spousal support is money paid by one spouse to the other after a divorce for the purpose of support. Both husbands, as well as wives, are sometimes appropriate candidates for such support. The types of upkeep awarded are "permanent" and "temporary" support.

Permanent alimony is spousal support paid for an indefinite period of time. However, despite its name, it doesn't mean that it will be paid for life. Temporary alimony is often referred to as rehabilitative alimony. Temporary or rehabilitative support can be awarded for a specific period of time so that one can develop a way to earn a satisfactory living or qualify for a promotion. It can also be used to compensate one for time spent in your marriage for helping a spouse with his or her business or career, or in some circumstances, for time spent not working and raising the children.

Unlike child support, there are no set rules for spousal support. Judges have enormous discretion when it comes to maintenance awards. Depending on the state you live in, some of the factors that determine the amount and duration of a spousal support award are: the length of your marriage, your standard of living while you were married, each parties contributions, both monetary and non-monetary, to the marital estate, your age, the relative income of both parties, the future financial prospects for each party, health issues and in some instances fault.

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Few states have legal guidelines about spousal support. Some states continue to grant long-term (or permanent) spousal support if there has been a long marriage and there will be a significant disparity in earning capacity. However, in recent years the trend has been away from providing a life time income for the former spouse. In most states, spousal support is paid if there is a significant imbalance in income and to allow the individual with the disproportionate income to become self-supporting over a specific period of time. An individual may be awarded support to return to school or seek some other form of education or special training in order to become self-supporting.

Spousal support is also sometimes provided for a specific period of time so a parent can stay home to care for a young child. However, in the case there are children are involved, child support will be considered first. Maintenance can only be discussed after provisions have been made for the children's needs first. Sometimes, if one party is at fault, no spousal support will be awarded. However, fault is no longer a factor in granting or limiting alimony in more than half of the states.

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