Spousal alimony or support is the payment from one spouse to another, often
to make up for the reduced financial resources of the receiving spouse, or to
compensate for that spouse's contribution to the home or the other spouse's
career advancement. Alimony is not awarded as often as it was for previous
generations because there are more marriages where both spouses work and are
capable of supporting themselves. While alimony used to only be awarded to
the wife, it may now be awarded to either spouse.
There are roughly four different types of alimony: permanent,
temporary, lump sum, or rehabilitative alimony. How much will be awarded depends
on the laws of your state, the needs of each spouse, and the spouse's ability to
pay spousal support. The length of payments and termination of support
will be determined by your divorce decree, but alimony will generally end upon
remarriage or cohabitation of the receiving spouse. You can also read the
questions below for more information about spousal alimony.
Michelle's Question: Is maintenance considered alimony, and what rights does someone have to enter a house that they have paid for with proven documentation?
Brette's Answer: Some states use the word "maintenance" instead of alimony - they are the same thing. If you own the home and the other person does not have exclusive occupancy, you have the right to enter it. Talk to an attorney. Good luck.
How is eligibility for alimony determined?
Kim's Question: How is it determined if a spouse is eligible for alimony?
Brette's Answer: Each state has different rules, so
it is important that you talk to an attorney to understand your state laws. In
general, however, alimony is determined by looking at the financial assets and
income of the couple. Each person's income after marriage is considered. Some
states consider bad behavior during the marriage (such as an affair). Whether a
spouse stayed home with children or as a supportive spouse is another important
factor. How the couple financially supported each other and divided assets
during the marriage is considered. Other factors are the length of the marriage,
the health of the spouses, each person's earning abilities and skills, where the
children will live and whether either spouse has wasted (used up irresponsibly)
marital assets. » Return to top
Is separate property considered if it was used during the marriage?
Carol's Question: My husband's worth is several million dollars, but most everything is his separate property. My husband has informed me that income earned from his separate property is what paid our monthly living expenses. Does our past living expenses affect the final settlement?
Brette's Answer: Separate property is definitely a consideration in calculating spousal support.
Will I have to pay alimony to him?
Edie's Question: I have been married for almost 5 years. He has never worked, and only has SS for income because he has had two strokes and numerous ailments. He also has no assets. I work in a bank as a Administrative Assistant. If I divorce him, will I have be pay his support?
Brette's Answer: It is certainly possible, but it depends on what separate assets he has and what other marital assets there are. You should consult with an attorney who can take a look at the entire financial picture. » Return to top
Will I be ineligible for alimony if I move?
Lana's Question: My husband agreed to
pay me $1000 in alimony, but the mediator is trying to tell me that
he won't owe alimony because I'm planning on moving out of the
state. Is this true?
Brette's Answer: Where you live has no effect on alimony. » Return to top
Topic: I supported his career. Can I get alimony?
Sherry's Question: My husband moved out after 48
years of marriage and wants a divorce. I have been a mom and homemaker all
during the marriage, but now my health is not good and I have high medical
bills. We are both retired, but his retirement is about twice what mine
is. He is willing to split all the assets evenly, but am I entitled to any
support in addition to the equity split?
Brette's Answer: You need to get an
attorney. Call and ask for some referrals from the local or state
bar association if you don't know who to call. Women who stay at
home and support their spouse's careers are generally entitled to
alimony. You may even qualify for lifetime alimony given your health and age. In a divorce, the home,
cars, and other assets, if purchased during the
marriage are marital property and must be divided by the court.
Don't agree to anything until you talk to an attorney. » Return to top
Topic: How long alimony lasts.
Cindy's Question: I have been married for 25 years.
How long would I be able to receive alimony, and how much could I expect?
Brette's Answer: All of your marital property will
be divided in the divorce and you can seek alimony. Alimony is generally awarded
for 1/3 of the length of the marriage - so if you've been married 25 years, the
standard would be for it to be paid for about 8 years. The amount of alimony
would depend on each of your incomes and your entire financial
situation. » Return to top
Topic: How much will infidelity affect alimony?
Kim's Question: If an affair is involved, how will
this affect spousal support?
Brette's Answer: Spousal support is usually based
on the finances of the people involved - whether one spouse has a need to obtain
an education or training, or some support to become financially self-sufficient.
In some states, bad behavior by one spouse is a factor, but the financial aspect
is always weighed heavily. You should consult with an attorney who can discuss
your state law with you in detail. » Return to top
Topic: Can I get support even if I have a job?
Tammy's Question: My husband and I have
been married for over three years and have two young children.
If we got a divorce, I wouldn't be able to pay for rent, daycare,
and the car payment on what I make. I really want to get a
divorce, but I'm scared about my financial situation. What are
my options?
Brette's Answer: If you decide to get a divorce,
you can ask for spousal support (alimony), which would require your husband to
pay you money to help you become financially stable. A court can also direct him
to pay some of your household bills, such as child care. You would also be
entitled to child support if you have primary custody of the children. All of
the marital assets will be divided in the marriage - it doesn't matter whose
name is on the item. If it was bought during the marriage, it is something that
can be divided. » Return to top
Will a future inheritance affect my ability to get alimony?
Becky's Question: My mother's will gives me property at her death. This will is revocable by her at any time for any reason. My mother is still alive but my spouse is saying because I stand to inherit, I do not need alimony and little from our own marital estate. Is this a permissible argument?
Brette's Answer: Not at all, since who knows when your mother will die or if she will change her will. You don't own anything from her yet.
Topic: I haven't worked much and can't make
it on my own.
Cheryl's Question: I have been married for almost 4
years. I am a documented bipolar woman who has trouble dealing with day to day
life, and my husband went behind my back and basically kicked me out. With the
help of my family, I now have a reliable car. I say I worked an average a year
and a half or so. I supported his hobbies and cooked and took care of all bills
and house hold chores. Would I be entitled to alimony seeing at the moment I can
not make it on my own?
Brette's Answer: Alimony is decided on a case by
case basis, but in general if one spouse is in a situation like yours, alimony
would definitely be a consideration. You should talk to an attorney. Good
luck. » Return to top
Will it be
difficult for me to get alimony if he's self-employed?
Valerie's Question: My husband is
self-employed. Will it be more difficult for me to get alimony? I am 13 years
older than my husband & worked for him in our construction business as
Office Manager. Will he have to continue paying my medical premiums after we are
divorced and I am no longer working for him?
Brette's Answer: His being self-employed shouldn't
matter. However the court is going to consider how much he makes. The health
insurance is an issue that would be decided by the court based on all of the
circumstances of the case.
Can I get spousal alimony if he's only paid commission?
Chaina's Question: My husband gets paid off of
straight commission. He threatens that because of this, he is the one who
will receive alimony instead of me. Is this true? I spent the last 5
years of our marriage supporting our family. Can I receive compensation or will
I end up being sorry I even tried?
Brette's Answer: Alimony is decided based on the
entire financial situation of the family. You need to talk to an attorney who
can review all the facts of your case and advise you. The fact that someone is
paid by commission does not mean they don't have to pay alimony. » Return to top
Topic: Can I get alimony
if we've only been married a year?
Keke's Question: My husband and I have been married
a little over a year. I only work part-time, but he pays all the bills. We
have one car and he wants to take it. There will be no way for me to
continue working if he does, and I won't be able to pay the bills by
myself. Can I get alimony?
Brette's Answer: You may be able to get spousal
support while you get on your feet financially, however it is normally granted
for one third the length of the marriage, so in your case that would only be a
few months. Everything you own which was purchased or earned during the
marriage, including the car, is marital property and has to be divided in a way
that is equitable under your state laws. He can't just take the car. Call your
local bar association and ask if there is a no-cost or low-cost legal services
group in your area that can help you. If not, you can get a free consultation
with a local matrimonial attorney who can discuss costs with you. Good
luck. » Return to top
Topic: I can't afford to appeal the ruling
Paula's Question: I filed for a divorce over 2
years ago, and am trying to get a Master's hearing to complete the
divorce. I am the custodial parent of two children, and my ex
has filed for APL support. This has eliminated the child
support, and it shows that I owe him money each month. Is
there any way to prove that he is using the APL to stall the
divorce? I have done everything by the letter of the law, but
he has an attorney which is not always ethical. The law
doesn't state that the APL shows any credit for the custodial
parent. I just want to raise my kids, even if it's without
financial help from their father. I would think that the
courts should not grant him APL or visitation. I see this as a
form of abandonment towards his children. We were married for
17 years. I walked out with the kids and our clothes, and he
got everything else. I need to appeal this ruling, but I've
run out of money to pay an attorney. I would appreciate any
help or suggestions you could give me.
Brette's Answer: I believe by APL you
are referring to alimony pendente lite, which is a temporary award
of alimony. To get this changed, you need to move forward with your
case and get to a final order. You need to document your own living
expenses and the costs associated with your children closely.
Essentially you need to prove that you make less than he does and
you cannot support him. I am disturbed that you walked out without
any property- in your divorce decree or settlement you should obtain
part of the assets of the marriage. Try to document what these are
as best as you can. You can also file for alimony, seeking to have
him pay you. It's all going to come down to your financial
situations and personal situations, which the court will decide.
It is a very difficult situation when your spouse has an attorney
and you cannot afford one. Find out if you qualify for free or
reduced fee legal services by calling your local bar association.
You can also ask the court to direct your spouse to pay your legal
fees. If all else fails you may be able to work out a payment plan
with an attorney. » Return to top
Topic: Allotment versus alimony
Judi's Question: What is the difference between
"allotment" and "alimony" in a divorce decree? And is the
amount taxed and to which party?
Brette's Answer: I'm assuming you are referring to a military
allotment. Alimony is taxable to the spouse who receives it and is tax
deductible for the spouse paying it. As for a military allotment, it depends on
what kind of allotment it is. If it is from pay then it is taxable and if it is
non-taxable retirement, then it is not taxable. » Return to top
When do alimony payments stop?
Tina's Question: How long does person have to pay
spousal support if married for 10 years, but legally separated for 4 years and
paying consistently thru court order?
Brette's Answer: You need to check your court
order. It will give the duration of the payments.
Will alimony stop when he retires?
Debbie's Question: I was married for 33 years, and was a stay at home mom. My ex told me that when he retires he doesn't have to pay alimony anymore. Is that true? My divorce papers don't have an end date for the spousal support. How should I proceed?
Brette's Answer: You don't need to do anything right now. If he does stop paying, then you take him back to court on a violation of the order. » Return to top
How is alimony affected when the paying spouse dies?
Joseane's Question: My husband has been paying alimony to his ex for about 12 years. In his divorce paper, it says that he has to pay until she dies or remarries. So, what happens if he dies? Will I be obligated to pay his alimony?
Brette's Answer: No, alimony ends with the death of either party. Good luck.
Will support end if I earn more than the minimum amount?
Ann's Question: Per our Marital Settlement Agreement, my husband is decreed to pay me 3K per month until 2010, at which point it states he needs to pay me 2500 for one more year and I am required to earn a min of 50K. My question - if I go back to work early and earn more than 50K --- does the spousal support payments end?
Brette's Answer: Unless your order says so, no. He can always seek to have it amended though and then the court would decide. » Return to top
Topic: Cohabitation and Alimony
Sandy's Question: I have been divorced for 6 years and under the conditions
of my current divorce settlement I will receive monthly support until my death,
my ex-husbands death, or if I remarry. I am currently 54 years old. It does not
state any condition in my current agreement about co-habitation with a
boyfriend. If I did move into the home of a boyfriend is it possible that my
ex-husband could have my support payments reduced or even completely eliminated?
Brette's Answer: I can't give you a complete answer because it could
depend on the case law in your state. Another consideration is whether your
state recognizes common law marriages (when two people live together for a
certain period of time and are then considered legally married). You should call
the attorney who represented you in the divorce case and ask so that you can get
a complete and certain answer.
Topic: Remarriage and Alimony
Doris' Question: I would like to remarry, but do not know if the
alimony will continue. It says nothing about this situation in my divorce papers.
Brette's Answer: Alimony ends when you remarry. In some
jurisdictions it also ends when you cohabitate with someone. » Return to top
Topic: Spousal Support Modification
Julia's Question: After a 16 year incredulously abusive marriage
(he broke my back, my nose, my mental health, my spiritual health, etc.), I was
granted permanent alimony. This past year I got breast cancer, and became
unable to work due to a host of complications from my treatment. Since I'm not
working, I run the risk of losing my insurance coverage because the alimony
payments won't even pay for the premium. My ex-husband's income has
increased substantially, while I am unable to work. Can I get my alimony
increased or negotiate a lump sum settlement? How do I get this request
for an increase rolling?
Brette's Answer: I'm sorry to hear about your illness. It sounds
like you have come through a lot and I have no doubt you will get through this
as well. You could file a motion to have alimony modified based on your change
of circumstances. To increase alimony this usually means there must be a
change in your circumstances which makes your financial situation worse, however
your ex's income would be a factor. However, you should
talk to your attorney to discuss your specific situation to see if you would
meet your state's criteria for an increase in alimony. Based on the
circumstances of your divorce, the court might order your ex to pay your
attorney fees. » Return to top
What can I do if he's
not paying the alimony that was ordered?
Kandie's Question: He's not paying alimony. What can I do?
Brette's Answer: If you have an attorney, call him or her
immediately. You need to go back to court because he is violating the order.
How is alimony affected if he quits his job?
Bridget's Question: My husband has been ordered to pay full
maintenance to me for 3 years, then a reduced rate for 2 years after that. He
has threatened to quit his job if this goes through. What happens if he quits?
Brette's Answer: Nothing happens unless he goes to court and
asks for a reduction due to a change in circumstances.
Can I still collect on alimony that wasn't paid?
Merideth's Question: I was awarded $1000.00 per month alimony in
1982, but never received any alimony from him. I got three judgments against
him, but was unable to collect on them and the judgment time has expired. Is the
original order for $1000.00 per month still in effect?
Brette's Answer: It depends on your divorce decree and how long
he was to pay you the alimony. Alimony is usually not lifetime and is usually
for a set time period. He still owes you the back alimony he didn't pay even if
he doesn't owe any more, although you would need to consult an attorney to
understand what the statute of limitations is on this kind of debt. » Return to top
How much taxes will I owe
on the alimony I receive?
Marquita's Question: I want to prepare for tax time and set aside
some money each month to allow for the taxes that I will have to pay on alimony.
How do I figure out how much the tax on alimony will be?
Brette's Answer: You should consult with your tax preparer. You
need to calculate what income bracket you will be in so you will know what
percent you will owe.
This column provides general information about
the various aspects of divorce. It is not intended to take
the place of legal counsel and should not be considered personal legal advice.
For specific recommendations concerning your
situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim
any liability from any claim arising from any information contained
in this column. This column is not a substitute for legal advice.
