Alimony - Spousal Support

Alimony laws vary from state to state and the information provided here is a general overview. Please consult an alimony lawyer or attorney in your state for professional advice.

Alimony - Spousal Support

Alimony or Spousal support is normally paid to the spouse in installments from the future income of the payor. Spousal support, by definition, is terminated upon the death of either payor or payee spouse, if not sooner, unless the Decree of Divorce or Dissolution specifically states otherwise.

The amount (if any) and duration of alimony or spousal support payments is subjective and left to the discretion of the Court. There are factors that the Court uses to consider whether to award spousal support, and for how long and how much. The most important factors are:

• The amount of income, from all sources, for each spouse. This includes earned and unearned income.
• The relative earning abilities of the parties.
• The ages and the physical, mental and emotional conditions of the parties.
• The duration of the marriage.
• The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home.
• The relative assets and liabilities of the parties.
• The time and expense necessary for the spouse who is seeking support to acquire education, training or job experience so that the spouse will be qualified to obtain appropriate employment.
• The contribution of each party to the education, training or earning ability of the other party, including the contribution to the acquisition of a professional degree.

The Court expects each spouse to contribute to his or her own support after a divorce to the extent that the spouse is reasonably able to do so, based upon his or her work experience, education and talents.

This issue is often the most difficult to resolve by agreement between the parties. The Court does not consider who may have "wanted" the divorce or who left the marriage. Spousal support, as well as property division decisions, are based upon the parties' assets and income potential, not who was "at fault" in the marriage. This is often seen as unfair to one of the spouses, but the Court is not in the business of measuring fault, only in making a just decision based upon real facts. Many cases, even most, do not involve an award of spousal support. Alimony cases usually involve a substantial disparity of income between the spouses and a marriage of relatively long duration.

The Courts have determined that an award must be "reasonable and appropriate," not just based upon the bare budgetary needs of the spouse receiving the support. "Need" is a factor, but it is no longer the single criteria in determining spousal support.

Spousal support typically terminates automatically when either spouse dies, or the payee spouse gets remarried. Spousal support may also terminate when the payee spouse cohabits and carries on the practical equivalent of a marital relationship, with a person of the opposite sex.