Divorce Alimony

During a divorce, the court may award spousal support, or alimony, to one of the spouses. The decision to award alimony may be made by the court or based on an agreement between both parties. Divorce alimony is used to offset the economic effects of divorce by providing support to a spouse who makes little or no income.

Alimony differs from child support in that child support must follow specific monetary guidelines. In an alimony case, it is up to the court’s discretion to determine how much, if any, alimony should be awarded and for how long.

Many states’ alimony statutes are based on the Uniform Marriage and Divorce Act. According this act, the court must consider certain factors when deciding to award spousal support. These include: the age, physical, emotional, and financial condition of the ex-spouse, the length of time needed to become self sufficient, standard of living during the marriage, length of the marriage, ability of the spouse to support the other while supporting himself or herself.

In a child support case, a deadbeat spouse may be subject to liens, wage garnishment, or other means of enforcement. This is not the case for spousal support. If the spouse refuses to pay alimony to the entitled recipient, the recipient may go to court in a contempt proceeding to force the spouse to pay.

Alimony does not last forever. It is intended to provide support while the recipient spouse goes to school or looks for employment to become self-supporting. If the divorce settlement does not name an alimony termination date, payments must be made until the court orders them to stop. Most divorce alimony is terminated when the recipient remarries. In some cases, the recipient is still entitled to alimony even after the spouse who paid support has deceased. The court may order that support be provided from the life insurance proceeds or the spouse’s estate.

If you are facing a divorce, it is important to speak with an experienced divorce lawyer to learn your rights. Your lawyer can answer any questions you may have regarding divorce alimony in your state.