Alimony & Spousal Support

What is Alimony?

Alimony (also called spousal support or maintenance) is financial support paid by one spouse to the other during or after divorce. The purpose is to:

• Limit the unfair economic effects of divorce
• Help the lower-earning spouse maintain a reasonable standard of living
• Allow time for education or job training to become self-supporting
• Recognize contributions made during the marriage (such as homemaking)

Types of Alimony

Temporary (Pendente Lite) Alimony

Paid during the divorce process to help the lower-earning spouse cover expenses until the divorce is final.

Rehabilitative Alimony

Time-limited support to help a spouse become self-supporting through education, training, or work experience. Most common type in many states.

Permanent (Long-Term) Alimony

Ongoing support, typically in long marriages or when a spouse cannot become self-supporting due to age or health. Becoming less common.

Bridge-the-Gap Alimony

Short-term support to help transition from married to single life. Cannot be modified.

Durational Alimony

Support for a set period after divorce, often related to the length of the marriage.

Lump-Sum Alimony

A one-time payment instead of ongoing monthly payments. Cannot be modified.

Reimbursement Alimony

Compensates a spouse who supported the other through education or career development.

Factors Courts Consider

When determining alimony, courts typically consider:

• Length of marriage - Longer marriages often result in longer alimony
• Standard of living - The lifestyle during the marriage
• Income and earning capacity - What each spouse earns or could earn
• Age and health - Physical and mental health of both parties
• Education and job skills - Ability to become self-supporting
• Contributions to marriage - Including homemaking and child-rearing
• Property division - How assets were divided
• Time out of workforce - Career sacrifices made during marriage
• Marital misconduct - In some states (adultery, abuse)
• Tax consequences - Impact of payments on both parties

How Alimony is Calculated

Calculation methods vary by state:

Formula-Based States

Some states use formulas. For example:

• A percentage of the difference between spouses' incomes
• Duration based on length of marriage (e.g., one year of alimony for every 3-4 years of marriage)

Discretionary States

Many states give judges broad discretion to determine amount and duration based on the factors above.

General Guidelines

Even in discretionary states, common patterns emerge:

• Short marriages (under 10 years): Rehabilitative or short-term support
• Medium marriages (10-20 years): Duration often half the length of marriage
• Long marriages (20+ years): Longer-term or permanent support possible

Tax Implications

For divorces before 2019: The payer could deduct alimony, and the recipient paid taxes on it.

Modifying Alimony

Alimony can often be modified if circumstances change significantly:

• Significant change in income (job loss, retirement)
• Serious illness or disability
• Recipient becomes self-supporting
• Recipient cohabitates with a new partner (in some states)

Exceptions: Lump-sum and bridge-the-gap alimony typically cannot be modified.

When Alimony Ends

Alimony typically terminates upon:

• Expiration of the time period specified in the order
• Death of either spouse
• Remarriage of the recipient
• Cohabitation with a new partner (in many states)
• Court order modifying or terminating support

Enforcement

If your ex-spouse doesn't pay alimony:

• File a motion for contempt of court
• Request wage garnishment
• Seek liens on property
• Report to credit bureaus

Courts take failure to pay seriously and may impose fines or even jail time.

Negotiating Alimony

1. Consider the whole picture

   Alimony is just one piece. Consider it alongside property division and other factors.

2. Be realistic about needs and ability to pay

   Courts won't order payments that leave the payer unable to meet basic needs.

3. Consider lump-sum alternatives

   A larger share of assets may be preferable to ongoing payments.

4. Include clear terms

   Specify amount, duration, and conditions for modification or termination.

5. Account for inflation

   Consider including cost-of-living adjustments.