Alimony might be provided for in a marital settlement agreement reached between spouses, or one spouse might petition the court for an award of alimony. It’s up to the spouse who’s requesting alimony to prove to the judge that they need financial support and the other spouse has the ability to provide it. Alimony isn’t punitive; it’s all about financial need and the ability to pay. The alimony order would be incorporated into the divorce decree just as though the judge had ordered it if it’s agreed to in a settlement. There is no universal law defining the amount or term for alimony payments an individual is entitled to. Guidelines are typically left to the judge’s discretion and can vary by state and court. Generally, a judge will consider:
Length of the marriage Contributions made by each party during the marriage Marital misconduct (e.g., infidelity, cruel treatment, abandonment, domestic violence) Personal behaviors (e.g., alcohol and drug abuse, financial misconduct) Age and health of each party Current debts Marketable skills of each party (and current market demand for those skills)
Alimony might be paid for a set period of time, or it can be permanent (payable until either spouse dies). Either spouse can also go back to court at any time to ask that a permanent alimony order be reversed or vacated because circumstances have changed, although they’d have to prove the change in circumstances. The amount of alimony might simply be reduced, in this case, but not eliminated. Alimony might be paid in one lump sum or once a year, or it might be paid monthly or even weekly. Courts rarely order alimony after a short-term marriage (one to five years, in most states), and they may only order permanent alimony after a marriage that’s lasted 20 years or longer.
Example of Alimony
The idea behind alimony is to level the playing field. Both divorcing spouses should be able to enjoy a lifestyle that’s at least similar to that which they shared during a long-term marriage. Your annual salary might be $20,000, while your soon-to-be ex earns $120,000 a year. You comfortably shared a six-figure income while you were married. Alimony law takes the position that you should not have to radically downgrade your lifestyle because you’re divorced. The spouse with more significant earnings should contribute some of their money to the one earning less.
Types of Alimony
A few types of alimony are intended to address different needs and circumstances. Some of the alimony types have several names.
Temporary Alimony (Pendente Lite
Pendente lite alimony is temporary support that’s paid while the divorce is making its way through the courts. It ends when the divorce becomes final via a court decree, although another form of alimony can replace it at this point.
Separate Maintenance Alimony
This type of alimony might be ordered by a court or agreed to between spouses when they break up but before anyone has officially filed for divorce. There’s no requirement that a divorce petition must be filed before a spouse can ask for and receive separate maintenance payments. This type of alimony is common when spouses don’t want a divorce and opt for living separately or obtaining a legal separation. It can help in situations when the higher-earning spouse has moved out and left their partner in a financial bind.
Rehabilitative (Time-Limited)
Rehabilitative or “time-limited” alimony is for under-earning spouses who need time to get back on their financial feet so they can then support themselves. For example, a spouse may leave the workforce for family reasons and need time to find a job. In this case, the court may order rehabilitative alimony until the spouse is financially self-sufficient.
Reimbursement Alimony
This type of alimony is for spouses who have contributed significantly to the income of the other spouse. For example, a spouse may put their partner through college so the partner can earn an advanced degree and secure a high-paying job. A judge may be more likely to order reimbursement alimony if the marriage ends relatively soon after the effects of the contribution.
Permanent Alimony
Permanent alimony is meant to continue until the spouse receiving the payments remarries, dies, or gets into a relationship that financially supports them. This type of alimony is typically awarded to spouses in a long-term marriage, but the number of years that qualify as “long-term” can vary from state to state.
How To Get Alimony
You must be able to establish some facts when you apply to the court for an alimony order. The required facts can vary by state, but some are very common. You’ll have to give a full accounting of your financial situation without your spouse’s support, and you may have to prove the standard of living you had while you were married. You’ll most likely have to establish that your spouse has the ability to continue enjoying a standard of living equivalent to what you had when you were married, even if they were to pay alimony to you. The standard-of-living component can be a bit tricky. A judge wouldn’t expect you to live in a motor inn while your spouse lives in a four-bedroom home. By the same token, they’re not likely to order sufficient alimony for a four-bedroom home for you if you’re living on your own now, because a single individual may not need four bedrooms.
Tax Implications of Alimony
Alimony used to be tax-deductible for the payer and reportable as taxable income by the payee. Beginning in 2019, it was no longer deductible nor included in the receiving spouse’s income. This rule applies to all divorce judgments or decrees entered after Dec. 31, 2018, as well as judgments or decrees that were entered by the court before then but were modified or changed after 2018 or later to reflect this law change.
