Understanding Spousal Support

You deserve support to become independent and pursue a new, successful life.

By The DivorceLawyer.com Team

Updated September 7, 2024

Alimony, or spousal support, was designed to create more financial equity during and after divorce. It is determined based on each spouse’s situation, the assets and property being divided, the children involved, how wealth is distributed in the relationship and any disparities that exist, and the state and local laws where you reside. Consult a DivorceLawyer.Com law firm member who can provide guidance based on your unique circumstances.

Understanding Spousal Support

Depending on your state, alimony is not necessarily required, but a court can award it to either party if it is justified by financial circumstances. It is separate from child support, which is intended to provide for children following a marriage. A judge will mostly order alimony payments in cases that involve lengthy marriages, when one spouse doesn’t work, or a condition prevents a spouse from supporting themselves. Alimony is not considered a broad remedy, but a support system if needed.

There are several types of alimony and spousal support that you might encounter, which generally fall into two categories: temporary and permanent.

Short Term Alimony

Also called Temporary Alimony or pendente lite, these payments are ordered by the court during the divorce proceedings before they are finalized. They are often granted when a trial takes a long time, one spouse is experiencing financial hardship, or when mortgages or other bills can’t be afforded until a settlement is reached. The amount will be determined based on an estimate of the final alimony payments.

Rehabilitative Alimony

Rehabilitative alimony is an arrangement in which one spouse receives payments for a short period to become financially independent, acquire new career skills, engage in school or training, and find or further their careers. It’s a way to ensure all parties have a fair chance to maintain and rebuild their lives after a divorce.

Payments are granted based on need, but are not intended to be permanent. Also called “bridge the gap” alimony, this arrangement can last as little as a few months or for years, depending on the situation. There are multiple payment arrangements that can be made, including periodic (like monthly), lump sum, or diminishing payments where the amount is larger at first and then decreasing over time.

A common reason for awarding this type of alimony is when one spouse puts their career on hold to care for a family or otherwise support the marriage.

Permanent Alimony

Permanent, or Long-Term Alimony is less common and is usually reserved for particularly lengthy marriages in which one spouse didn’t work or if one spouse has a disability or life circumstance that would make them unable to seek employment. These arrangements may last for the recipient’s life, although there are often stipulations that the payments will end if they get remarried or enter a long-term committed relationship.

You deserve support to become independent and pursue a new, successful life.

Factors Determining Alimony

If your state is an equitable distribution state, courts may order alimony payments to ensure that both parties are financially stable and that assets are divided fairly. The amount of alimony is not based on a strict formula and there are multiple factors that go into the decision.

  • These include:
  • The standard of living enjoyed during the marriage.
  • The age and emotional condition of each spouse.
  • The duration of the marriage. Alimony probably won’t be granted if it’s less than three years.
  • Financial resources of each person. Alimony generally won’t be granted if they are equal.
  • Time required to become financially independent through education and training.
  • Individual earning capacity.
  • Individual assets.
  • Any other factors that the court determines are relevant.

Nonpayment of Alimony or Support

If you are awarded alimony and your former spouse fails to make payments, you have several options. Consider hiring a lawyer who can work with the judge to get your former spouse to comply and pay any back support due. If you can’t afford a lawyer or prefer to go it alone, you can file a complaint with law enforcement or contact the Department of Human Services in your area for support.

Go Your Own Way

Money can be a severe point of contention when pursuing a divorce. With the relationship ending, there may be a reluctance to fulfill financial obligations. It’s essential to know your rights and those of your children. You deserve an equitable division of assets and the support to become independent and pursue a new, successful life. Consult a lawyer to determine your options if you’re worried about support payments.

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