What is Alimony and How Does It Work?

Updated by Tracy Achen

Even though alimony is not as common as it was in the past, it can still be awarded in a divorce case. In this article, you can learn about the different types of spousal support, if both spouses are eligible to receive it, and the factors that determine the amount and duration of support.

What is alimony?

Alimony, also known as spousal support or maintenance, is money one spouse pays to the other during or after a divorce to help maintain a reasonable standard of living.

What are the different types of spousal alimony?

There are 5 main types of alimony and each has a different purpose based on the circumstances of the case.

Temporary Alimony – This is short-term support that is paid while the divorce is pending to help cover the dependent spouse’s living expenses until the divorce is finalized. Like the name implies, it is only meant to be temporary.
Rehabilitative Alimony – This type of support is awarded for a limited time while the dependent spouse receives further education or training to become self-supporting.
Permanent Alimony – This is long-term support that is generally awarded to dependent spouses in long-term marriages who are unlikely to become self-supporting. It may also be awarded in cases in which the dependent spouse is elderly, disabled or chronically ill.
Reimbursement Alimony - This type is meant to reimburse the dependent spouse's contributions during the marriage to further the other spouse's education or earning potential.
Lump-Sum Alimony - This type of alimony is usually awarded as a lump-sum payment in lieu of ongoing periodic payments. It can provide a clean financial break between the spouses.

Different states may use different terms for the various types of alimony. For example, temporary alimony is often called pendente lite support. Rehabilitative support may be referred to as transitional, limited term or durational alimony. Permanent alimony is generally considered long-term support and may or may not continue indefinitely depending on the specific circumstances of the case.

Can both men and women receive alimony?

Either spouse may qualify to receive alimony. Generally, the spouse with greater financial resources or a higher income may be required to pay alimony. The court will evaluate each case based on the length of the marriage, each spouse’s income and financial needs, as well as the contributions of the dependent spouse during the marriage. For more information, read our article on manimony -when women pay alimony.

Can alimony be modified or terminated?

Lump sum alimony cannot be modified at a later date, but all other types of spousal support can be modified due to a change in circumstance. For example, alimony generally ends if the dependent spouse remarries or if either party dies. In some states, co-habitation of the dependent spouse will trigger a modification of the amount of alimony being paid. A substantial change in income can also trigger a modification.

Alimony FAQs

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 and how is it determined?

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 it 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 spousal support awards. Depending on the state you live in, some of the factors that determine the amount and duration of an 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 support if the divorcing couple has had a long-term marriage and there is a substantial difference in the income potential of the two parties. However, in recent years the tendency to providing life-time support is decreasing in many states.

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 support 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 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.

Spousal support and child support are linked to the paying spouse's income and ability to pay. Spousal support is awarded based upon some of the criteria listed above and will be awarded if there is a sufficient need by the other party.

Will I have to pay spousal support if I make more money?

Mary's Question: If, on paper, I make more money than my husband am I subject to paying him maintenance?

Timothy's Answer: As far as your question on "maintenance", determining whether or not you will be responsible for paying support 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.

There is no uniform guideline among states to determine the amount and duration of spousal maintenance. Some states still award permanent support in cases of long-term marriages where one spouse has the capability of earning significantly more than the other, but this type of support is not as common as it was in earlier decades.

In more recent times, spousal maintenance is more often awarded for a shorter period of time to allow the dependent spouse the opportunity to become self-supporting by returning to school or to receive vocational training.

Temporary maintenance is also sometimes provided 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. Maintenance 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, over half the states no long consider marital-fault in determining the amount and duration of spousal support to be awarded. Please consult an attorney to learn about the support laws for your state.

With the help of counsel, you can begin negotiations to determine whether or not spousal maintenance will be paid, the amount, and the duration of payments. If you have minor children from the marriage, the amount of child support and related expenses must be calculated first. Only after this is done can the two of you examine your income and expenses to establish if spousal support is suitable in your situation.