Alimony Law
Alimony law governs the spousal support payments that one spouse
pays to the other during and after divorce. Alimony payments are made completely independent
of child
support or other financial divorce settlements, such as property distribution. Typically, divorce courts order the spouse with a higher income to make alimony payments to the spouse with a lower or
no income.
Alimony
payments may also be referred to as spousal support or spousal maintenance
payments in some states. Divorce laws in your state have different statutes about the type, amount, factors considered and length of alimony payments. In some states, the divorce court may take fault into account. Other states factor the length of the marriage and earning capacity of each spouse.
Divorce courts in some states may remain reluctant to order
alimony payments or may allow only for temporary alimony payments.
Types of Alimony
State alimony laws and guidelines dictate which type of
alimony payments a spouse may receive.
- Temporary alimony is paid while the divorce process
is ongoing. This type of alimony is also called pendente lite.
- Permanent alimony refers to indefinite alimony
payments, paid until one of the spouses dies or the alimony recipient gets
remarried.
- Rehabilitation alimony is paid to help
the spouse receiving alimony get on his or her feet so that he or she may support
themselves.
- Reimbursement alimony may be ordered by the
court when one spouse has a duty to repay some type of debt to the other.
- Lump-sum alimony refers to the payment of all
alimony due at one time, rather than in monthly installments.
The terminology differs from state to state. In some states, rehabilitative alimony may be referred to as temporary maintenance. A divorce lawyer in your area can help you understand the alimony laws in your state and how your payments may be affected.
Considerations under Alimony Law
Alimony laws can be complex and alimony guidelines may take
many situations and factors into consideration. Alimony guidelines vary from state to state due to differing alimony
laws, but some things that may impact an alimony award include:
- Length of marriage
- Factors causing the divorce, such as
adultery or abuse
- Age
- Earning potential
- Dependency
- Medical issues
- Impact of other obligations, such as child
support and child custody, on the income of a spouse
- Education and career development expenses
- Other factors may also impact alimony awards
Alimony law can depend on the circumstances of your divorce. Connect with a divorce lawyer to learn about alimony law and what you may be entitled to receive or obligated to pay. Fill out a divorce case review form or call
877-349-1310 to set up a preliminary consultation today. Work with a local divorce attorney to protect your financial future.
The above synopsis of alimony law is by no means
all-inclusive and is not intended to provide legal advice. These laws
may have changed since our last update and there may be additional laws
that apply in your situation. For the latest information on these
divorce laws, please contact a local divorce lawyer in your area.
