Alimony Basics
Many judges award alimony to balance the financial needs and lifestyles of divorcing spouses. Alimony had a historical stigma that it was paid by a well-earning husband to a needy wife. That is definitely not always the case. Virtually every state’s alimony laws are gender neutral. Typically, the higher-earning spouse will be responsible for paying alimony to the other spouse if there’s a demonstrated financial need, the high-earning spouse is able to pay, and other criteria are met.
For example, in Utah, a court will evaluate each spouse’s ability to earn, the obligor spouse’s ability to pay alimony, and the recipient spouse’s ability to meet his or her own financial needs without alimony. In other states like Texas, a judge won’t award alimony to either spouse unless the couple has been married at least 10 years, with some exceptions for marriages where one spouse has committed domestic violence.
Different Types of Alimony
The length and amount of your alimony award will depend on the type of spousal support you receive. When most couples think about alimony, they are envisioning a permanent alimony award that is paid in monthly increments for many years.
Permanent Alimony
Permanent alimony awards are usually long-term awards that are paid monthly for the duration of the couple’s marriage. Typically, permanent alimony awards are designed to equalize the standard of living between the parties. Other times, a judge may order a permanent alimony award to compensate for a stay-at-home spouse’s efforts in supporting the other spouse’s education or career.
Temporary Alimony
Temporary alimony is usually a short-term solution, where one spouse pays financial support to help the low-earning spouse cover living expenses during the divorce. Temporary alimony is typically awarded while a divorce is pending. However, once a divorce is finalized, a temporary alimony award ends.
Rehabilitative Alimony
In some cases, one spouse may need to start a new career or educational path following a divorce. Rehabilitative alimony can help a spouse meet basic expenses while obtaining an education or starting a new career path. Rehabilitative alimony awards will vary based on your family’s unique needs. For example, an award could be a few hundred dollars paid out over six months or it may be an award of several thousand dollars paid over several years. In either case, rehabilitative alimony is meant as a temporary crutch until the recipient spouse’s earnings increase.
Lump Sum Alimony
The name is self-explanatory—lump sum alimony is paid in one sum. Unlike the other types of alimony, lump sum alimony is a permanent, one-time award. In other words, once a lump sum alimony award is issued, it can’t be changed.
Who Determines Alimony Awards?
Couples can reach their own alimony agreements, with or without the help of a mediator. In cases where spouses agree, a judge will merely review a couple’s alimony settlement to ensure that it’s fair. If you and your spouse can’t agree on the terms of a spousal support award, a judge will decide alimony in your case.
Judges evaluate a number of factors to determine whether or not an alimony award is appropriate and if so, how much. Specifically, a court will examine the following:
- each spouse’s finances, including monthly income, expenses, and earning capacity
- the supported spouse's financial needs,
- the obligor spouse’s ability to pay alimony
- the length of the marriage, and
- in some states, either spouse's conduct (fault) that may have caused the marriage to fail.
When Will a Judge Change Alimony?
Once a judge has issued a divorce order setting forth alimony, the spouse seeking to change the amount will have to prove that a material and substantial change in circumstances has occurred. In many states, you may be precluded from modifying alimony for a certain period of time after entry of the divorce decree. Nevertheless, if the timeline has been met, some life changes that may justify a change to alimony include: unemployment, remarriage, cohabitation, death, illness, disability or injury, retirement, or either spouse’s change in financial position.
Certain events like either spouse’s death, cohabitation, or remarriage, automatically terminate a permanent alimony award. However, some types of alimony are non-modifiable. For example, a spouse who has received or paid a lump sum alimony award can’t seek to change the amount after the fact. Lump sum alimony awards are permanent and it’s important to understand its impact before agreeing to one
Rehabilitative and temporary alimony awards are more difficult to change than permanent alimony awards. Moreover, timing will be key in seeking to modify a rehabilitative or temporary alimony award. Since these are short-term awards, it will be harder to justify a material change in circumstances.
Questions for Your Attorney
- My spouse received a big promotion. How long do I have to wait before seeking an increase in my alimony award?
- My ex is living with his girlfriend. Can I stop paying alimony until he moves out of her house?
- I lost my job and can no longer afford to pay my ex alimony. What can I do?