Alimony Law - Spousal Support Law - Maintenance Law
What is Alimony Law?
Alimony law provides the rules for awarding financial support to one spouse following a divorce or separation. The purpose of alimony is to avoid unfairness. When a couple parts ways, the court will divide their marital property in an equitable manner, but this may not be enough to avoid an unjust result. For example, one spouse may leave the marriage with a significantly greater earning capacity. To help ensure the other spouse can maintain a standard of living similar to the one enjoyed during the relationship, the first spouse will be ordered to pay support. The amount and duration of alimony is decided pursuant to state law.
Courts will weigh multiple factors when deciding questions of alimony. These include the supporting spouse’s ability to pay, the length of the marriage, and the time it will take the supported spouse to achieve economic self-sufficiency. If the supported spouse has been assigned custody of the couple’s minor children, an alimony award will also reflect the extent to which that spouse must sacrifice career opportunities in order to care for the children in the years ahead. Moreover, alimony statutes usually contain a catchall provision, allowing courts to consider any unique factual circumstances in the case.
While the law provides alimony guidelines for courts to follow after a marriage has ended, couples are free to enter into contracts related to alimony beforehand. Known as prenuptial agreements, these contracts can partially or completely limit a spouse’s post-marital alimony obligations. To be valid, however, a prenuptial agreement must have been executed “knowingly,” and after full disclosure of each spouse’s income and assets. This typically requires that both spouses visit with their own attorneys about the agreement before signing it.
Types of Alimony
Like other matters of state law, alimony statutes are slightly different in each jurisdiction. Nevertheless, the various forms of alimony can be categorized four ways. The first type is permanent alimony. As the name suggests, permanent alimony will continue for life, or until the spouse receiving it gets remarried. Courts will usually refuse to order permanent alimony when the marriage lasted a short time, or when it appears it will be relatively easy for the supported spouse to secure gainful employment. In such cases, the court will likely establish a termination date. This second type of alimony is called limited duration alimony.
The third type of alimony is known as rehabilitative alimony. To qualify, the supported spouse must propose a course of action whereby the spouse will obtain career education or training. The idea is to award a specific amount of support to finance the plan, after which further alimony will not be necessary. The fourth type of support is reimbursement alimony. This is designed to repay contributions made during the marriage. For example, reimbursement alimony is appropriate when the supported spouse paid for the other spouse to earn an advanced degree, but the marriage did not last long enough for both to enjoy the financial rewards of that education.
Establishing a Right to Support
Convincing a court to award alimony is a matter of presenting facts about the marriage relationship in a way that addresses the statutory guidelines. For instance, a typical alimony statute might include the marital standard of living as a factor for the court to consider. Thus, to maximize the amount of alimony, the supported spouse should gather and present evidence of the couple’s regular expenditures during the marriage. In addition to receipts, account statements, and other documents, the supported spouse could call the couple’s acquaintances to testify as to what life was like in the household prior to divorce.
Of course, a spouse seeking alimony may not have personal access to all financial records bearing on the issue of the couple’s past finances. The discovery process is meant to rectify this problem. Discovery is the procedure whereby each party demands that the other turn over copies of relevant evidence. In an alimony case, discovery is sure to include all forms of financial information. In short, the supporting spouse cannot try to hinder or prevent the efforts of the supported spouse by refusing to allow access to the evidence needed to establish a right to receive alimony.
Modification of an Alimony Award
All types of alimony have one thing in common – they are awarded in order to address the needs of the supported spouse. What happens if the needs of the supported spouse unexpectedly change after alimony has been established? The answer is that the court will modify or terminate alimony, as long as there is sufficient proof that the need no longer exists. For example, even if the supported spouse has not remarried, if it becomes evident that he or she is receiving financial support from a new partner, the court may decide to reduce the level of alimony accordingly.
Consult an Alimony Lawyer
If you have questions about your alimony rights or obligations, it is best to consult with an experienced attorney in your area. Factors may exist that you have not considered. Even if you have a cordial relationship with your former spouse, alimony is an issue that requires independent legal advice.
Know Your Rights!
Articles About Alimony Law
- Dividing Real Property in DivorceThe most valuable asset in many divorce cases is the marital home. The disposition of this asset can have a significant impact on the financial health of the parties after divorce. Additionally, special considerations must be given to other pieces of real property that the couple owns. There are several options in determining how to deal with real estate in a divorce case. However, there are certain steps that must be taken before considering what is the best solution.
- Question and Answer: Liability of DebtsQuestion: My wife and I are not currently living together. Is my wife legally responsible for the bills? The answer to this question depends on a number of factors, namely the state laws where you live and whether there are any agreements pertaining to debts accumulated during the marriage.
- Who Is Legally Responsible for Bills When Spouses Are Not Living Together?When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important considerations in this assessment.
- How Can a Private Investigator Help in My Divorce Case?Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.
- How Is Spousal Support Determined?Like many issues involving family law, state law largely dictates spousal support matters. This includes whether or not to award spousal support and in what amount.
- What Assets Are Protected from Divorce SettlementsFamily courts around the country recognize that spouses own some property that is separate from what they accumulated as a marital couple. Those assets that comprise the marital estate are subject to division at the time of divorce while separate property is generally excluded from a divorce award.
- How to Get a Divorce Without Losing Your Life’s SavingsMany people want to get divorced, but put off filing paperwork due to the costs associated. However, there are other ways to handle a divorce.
- If I Hacked My Spouse's Computer during a Divorce Can it be Used Against Me?Trying to spy on your spouse should never be done. With the changes made to Florida law including cyber stalking, spying is against the law. This type of action can be considered criminal. Refer to the Florida Statues 784.048.
- Role of Forensic Accountants in Divorce CasesWhile divorce is often an emotionally-trying experience, at its core, it is a matter of ending a contract between two parties. One of the most contentious aspects of a divorce involves financial matters. In some cases, attorneys or private parties hire forensic accountants to uncover assets and to provide expert testimony at their divorce hearing.
- Common Stress Factors that Lead to DivorceMarriage is one of the most difficult relationships to maintain, and often requires a great deal of effort from both spouses.
- All Family Law Articles
Alimony Law - US
- ABA - Alimony and Spousal Support Committee
- Administration for Children and Families - Collection of Support for Certain Adult
- Alimony and Separate Maintenance Payments
General Rule - Gross income includes amounts received as alimony or separate maintenance payments.
- IRS - Topic 452 - Alimony Paid
If you are divorced or separated, you may be able to deduct the alimony or separate maintenance payments that you are required to make to your spouse or former spouse, or on behalf of that spouse.
- Social Security Act - Consent to Support Enforcement