Alimony Basics
Alimony—also known as “spousal support” or “separate maintenance” —has been part of divorce for decades. Alimony is meant to provide the spouse asking for help with reasonable and necessary financial assistance.
There are several types of alimony, including rehabilitative, lump-sum, temporary, and permanent. All states have factors or guidelines they use to determine whether one spouse should pay alimony and if so, how much and for how long.
Some of the most common factors judges consider when making decisions about alimony include:
- each spouse’s ability to earn
- the higher earning spouse’s ability to pay, and
- the supported spouse's financial needs.
It’s important to understand what type of alimony you’re paying your spouse so you can determine whether her new relationship status will affect payment.
Not All Alimony Is the Same
Rehabilitative Alimony
Courts award rehabilitative alimony for a specific period. The goal of rehabilitative alimony is to provide the recipient spouse with financial assistance until that spouse can either get back on their own financial footing or get enough experience to enter the workforce and earn a living. This type of alimony is usually a good fit for stay-at-home parents of young children, especially in situations when daycare costs are more than what the recipient spouse would earn.
The court usually sets the end date of rehabilitative alimony and is included in the divorce judgment. The parties (especially the paying party) will often include a provision in the judgment that eliminates the option for review or extension of support at the end of the term, but if the other spouse is facing financial difficulty, the court can override the provision. If there are no specific terms that exclude modification at the end of the term, either party can ask the court for a review to extend the payments.
Temporary Alimony
Temporary alimony is just that, temporary. Typically, courts will award temporary alimony when a couple is separated and going through the divorce process. The maintenance generally ends when the court finalizes the divorce. Couples can create a temporary support agreement during the divorce process, or the parties can ask the court for assistance.
Lump-Sum Alimony
Lump-sum alimony is a one-time payment that is supposed to equal the total future monthly support payments, but the spouses agree—or a court orders—that it will be paid in advance. Lump-sum alimony will not change based on the recipient's marital or cohabitation status. Sometimes, courts award lump-sum alimony when one party has a significant amount of separate property which causes an unequal or unfair property distribution in the divorce.
For example, if a husband and wife are divorcing in Michigan, the court will divide marital property fairly between the spouses. If the wife owns multiple rental homes and the court deems that property as separate, the court will award the rentals to the wife alone. A lopsided award could create a significant disparity of property in the divorce, especially if the husband doesn’t own any. If the husband is entitled to monthly spousal support, the court may order the wife to pay it in a lump-sum award, which could help create a more balanced property settlement.
Permanent Alimony
Permanent alimony is financial support that the court orders one spouse to pay the other. It’s common to see courts award permanent spousal support in long-term marriages, where one spouse earns significantly more than the other.
Although it's called "permanent" alimony, it doesn't typically go on indefinitely. There is usually an end date spelled out in the divorce settlement agreement. Most divorce settlement agreements will include terms for review, modification, or termination of payments. It may be that support ends when the paying spouse retires or some other significant event.
If there is no agreed-upon end date, state laws will govern termination. Generally, alimony will end when one of the spouses dies, or in some cases, when the recipient spouse remarries or begins living with a romantic partner.
If the agreement does not explicitly exclude modification or review of the award, either spouse can ask the court to increase, reduce, or end the support early for a variety of reasons.
Will My Support End?
It sounds like the court awarded your wife permanent spousal support. Your first step should be to review your divorce judgement and determine if your payments will stop when your wife moves in with her boyfriend. Although most states don’t automatically terminate alimony when the recipient cohabitates, there are a handful of states that allow the paying spouse to go back to court and ask a judge to end alimony when the recipient spouse moves in with a partner.
In some states, you may be able to simply stop the payments once your ex begins living with a romantic partner, but you'll have to check your state's laws or ask a local family law attorney. Ending support is not always a guarantee, and you may need to file a motion (formal request) with the court before you can stop paying.
For example, in Illinois, spousal support ends when the recipient spouse cohabitates and lives with a partner on a continuing, conjugal basis. The paying spouse must file a motion with the court to stop payment, but the recipient spouse must reimburse any money received after cohabitation begins. (See 750 ILCS 5/510 (c).)
If your state is not one of the few that allow you to stop paying when your wife moves in with her boyfriend, you may still be able to ask the court to modify or reduce your alimony payments based on your wife's additional, available income. The underlying reasoning is that if your wife is sharing expenses with her boyfriend, she will have more income available for herself, and the court may adjust your payments accordingly.
Most states allow the paying spouse to stop paying as soon as the recipient spouse remarries and typically, the support ends automatically. So if your wife does remarry, you may be able to stop payments, however, it’s essential for you to speak with an experienced attorney in your state to determine whether you need to file a formal motion to terminate the support.
If you live in a state that requires you to ask the court for permission, your spouse may be ordered to reimburse you for any overpayments that you make while you wait for the court to hear your case.