How is alimony determined in divorce cases?

Breaking Up Is Hard to Do – Especially the Finances

Divorce is never easy, emotionally or financially. One of the trickiest aspects is determining alimony – the payments one ex-spouse may have to make to the other for financial support. Let’s break it down in simple terms.

What Is Alimony?

Alimony, also called spousal support or maintenance, refers to court-ordered payments made by one ex-spouse to the other after a divorce. The purpose is to help the lower-earning or non-working spouse maintain a reasonable standard of living after the marriage ends.

Think of it like a “paycheck” from your ex to help cover living expenses like housing, food, and other necessities. It’s meant to be a temporary measure until the receiving spouse can become self-supporting.

How Is Alimony Determined?

There’s no one-size-fits-all formula, but courts generally consider factors like:

• Length of the marriage
• Age and health of each spouse
• Standard of living during the marriage
• Each spouse’s income, assets, and earning potential
• Childcare responsibilities
• Contributions as a homemaker or to the other’s career/education

For example, if one spouse put their career on hold to raise kids or support the other’s job, they may be entitled to more alimony to make up for lost income and work experience.

Surprising Alimony Facts

🤔 Alimony can be temporary or permanent, depending on the circumstances. Permanent alimony is rare these days, but can happen in longer marriages where one spouse is much older or unable to work.

💰 In some cases, the higher-earning spouse may have to pay alimony even if the divorce was the other spouse’s “fault” due to adultery or abandonment.

⏱️ Alimony isn’t forever. It typically ends when the receiving spouse remarries or cohabitates with a new partner, or upon retirement of the paying spouse.

Types of Alimony

There are different categories of alimony awarded in divorces:

• Temporary/Pendente Lite: Paid while the divorce is pending to maintain the status quo
• Rehabilitative: Short-term to help the recipient get education/training for employment
• Permanent/Periodic: Ongoing payments, usually in longer marriages with a big income disparity
• Lump Sum: One upfront payment instead of periodic alimony
• Reimbursement: Compensates a spouse for financial contributions to the other’s education/career

Learn More

• Child Support: Ongoing payments for the financial care of children after divorce
• Marital Property Division: How assets and debts are divided in a divorce settlement
• Divorce Mediation: An alternative process for resolving divorce issues outside of court

Divorce is always complicated, but understanding alimony can help take some of the financial stress out of an already difficult situation. With some knowledge and preparation, you can move forward with your new life.