Understanding AlimonyEven though alimony is not as common as it was in the past, it can still be awarded in a divorce case. And, as recent headlines point out, more men are asking for spousal support as part of the divorce settlement. The following information can help you understand the different types of spousal support and the situations in which it is awarded. How much alimony can I expect to get? Rita's Question: I've been married for 12 years and have 2 children. My lawyer suggests asking for permanent alimony. What can I expect, and is alimony connected in any way to child support? Timothy's Answer: Unlike child support, there are no set rules for alimony. Judges have enormous discretion when it comes to alimony awards. Depending on the state you live in, some of the factors that determine the amount and duration of an alimony award are: the length of your marriage, your standard of living while you were married, each parties contributions, both monetary and non-monetary, to the marital estate, your age, the relative income of both parties, the future financial prospects for each party, health issues and in some instances fault. Some states may grant permanent alimony if the divorcing couple has had a long term marriage and there is a significant disparity in earning capacity between the two parties. However, in recent years the trend has been to move away from providing life-time income to the former spouse. While your attorney may be asking for permanent alimony, you should know this is just a starting point for negotiation. Some attorney’s use these types of tactics, even if they know permanent alimony is not a likely outcome in a court of law, just to see how much bargaining room they have with the other side. Unfortunately, I cannot advise you on a normal award of alimony for a 12 year marriage. Your attorney should be able to give you better guidance based on the factors I listed above and the judge’s rulings in your area. Alimony and Child Support are linked to the paying spouse's income and ability to pay. Alimony is awarded based upon some of the criteria listed above and will be awarded if there is a sufficient need by the other party. » Return to top Will I have to pay alimony if I make more money? Mary's Question: If, on paper, I make more money than my husband am I subject to paying him alimony? Timothy's Answer: As far as your question on alimony or "maintenance", determining whether or not you will be responsible for paying maintenance is a legal question that must be answered by an attorney. However, what I can tell you is the answer will vary depending on the state you live in. Alimony, also called maintenance or spousal support is money paid by one spouse to the other after a divorce for the purpose of support. Both husbands, as well as wives, are sometimes appropriate candidates for such support. Without knowing whether or not you would be responsible for paying alimony, even if you make more money than your husband, I can tell you about the types of support generally awarded. The types of alimony awarded are "permanent" and "temporary" alimony. Permanent alimony is spousal support paid for an indefinite period of time. However, despite its name, it doesn't mean that it will be paid for life. Temporary alimony is often referred to as rehabilitative alimony. Temporary or rehabilitative support can be awarded for a specific period of time so that one can develop a way to earn a satisfactory living or qualify for a promotion. It can also be used to compensate one for time spent in your marriage for helping a spouse with his or her business or career, or in some circumstances, for time spent not working and raising the children. Few states have legal guidelines about spousal support. Some states continue to grant long-term (or permanent) alimony if there has been a long marriage and there will be a significant disparity in earning capacity. However, in recent years the trend has been away from providing a life time income for the former spouse. In most states, spousal support is paid if there is a significant imbalance in income and to allow the individual with the disproportionate income to become self-supporting over a specific period of time. An individual may be awarded support to return to school or seek some other form of education or special training in order to become self-supporting. Spousal support is also sometimes provided for a specific period of time so a parent can stay home to care for a young child. However, in the case there are children are involved, child support will be considered first. Alimony can only be discussed after provisions have been made for the children's needs first. Sometimes, if one party is at fault, no spousal support will be awarded. However, fault is no longer a factor in granting or limiting alimony in more than half of the states. Please consult an attorney to learn about the law in your state. With the help of counsel, you will need to negotiate about whether you not either of you will have to pay alimony and if so, how much and for how long. If you have children involved there must first be money available, in accordance with the child support guidelines, for child support and child-related expenses before spousal support is negotiated. Only after this is done can the two of you examine your income and expenses to determine if alimony is appropriate.
Related Articles: Timothy McNamara is a certified divorce financial analyst, specializing in the financial issues that couples and individuals face when their marriage ends. Having gone through a divorce himself, he is passionate about helping people understand and manage the complicated financial issues divorcing couples often face. This column is not intended to take the place of professional advice, but rather to provide financial information about the various issues that arise in a divorce. For specific recommendations concerning your situation, you should retain an experienced certified divorce financial analyst who can answer your questions based on the details of your case. WomansDivorce.com, Timothy McNamara, and Tracey Manzi disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for professional advice. Divorce
Process / Children
and Divorce/ Emotions
and Divorce Home / Divorce
Guide / State
Resources
|
