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
- Ways Divorce Attorneys Help Their ClientsDivorce is often an emotionally and financially draining time. However, a qualified divorce attorney can help make the process easier. Here are some of the pivotal roles and tasks that divorce lawyers help their clients with.
- What Family Law Court is Really LikeThe people who can best appreciate what spending time in the family court system is like are family law attorneys. We live in this system day in and day out, seeing the same processes repeated in case after case.
- The Economic Implications of Allimony ReformRecent efforts by social conservatives to reform alimony laws appear to contradict traditional conservative values and could lead to significant economic disadvantages for divorced women.
- Initial Consultation with a Divorce LawyerWhen a person reaches out to a divorce lawyer for the first time, there are certain things that he or she should be aware of. Here is an overview of the initial consultation and some tips to make the best of this experience.
- Basics of Collaborative LawCollaboration means to work together to achieve a common goal. The collaborative process involves the spouses, their attorneys and any other involved professionals engaging in non-confrontational sessions to discuss the issues and goals of the involved individuals. The issues may include divorce, support of a spouse and/or children, how to divide the marital assets, co-parenting plans and anything else that spouses need to decide.
- Divorce and Economic Hardship for WomenAs it has become apparent that social conservatives have all but lost their battle on the front against same-sex marriage. It appears that some have taken on a new crusade – making divorce more difficult for all.
- Employment Perks May Count Toward Income in Florida Child Support CalculationThe Florida economy may be on the rise, but it still is struggling.
- Florida Parents Seeking Divorce May Find Mediation Helps Them Find Common GroundFlorida parents who can navigate their way through the process of divorce in as friendly a manner as possible can demonstrate to their children that people with major differences can put their feelings aside and negotiate a settlement that benefits both parties.
- Personal Property: Dividing Up the StuffIt looks funny, two people sitting on the floor in a courtroom, on their knees in front of a judge dividing up the beanie baby collection they had amassed together. Let me assure you, as a family law attorney can: this is no joke.
- Financial Issues After DivorceWhen a couple goes through a divorce, it can be difficult to sort through their finances and come to an arrangement. Reaching a financial agreement that satisfies both parties can be a huge relief, but there can still be loose ends to tie up once the papers have been signed. Below are some steps to take after the divorce is finalized to ensure that no additional issues arise later.
- 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