Alimony is spousal support that is paid after a divorce has been granted. Alimony can be paid on a recurring monthly basis, or it can be paid in one lump sum. After a divorce, alimony is granted to one spouse, so they can continue to enjoy the same standard of living, which they had during the marriage. The basic premise of alimony is that a former spouse should not have to suffer a diminished lifestyle because their marriage has ended. Typically, the individual receiving alimony is the ex wife, however alimony is not specific to one gender. There are extenuating circumstances which may lead to spousal support for a man.
Alimony is usually paid to former spouses who did not work during the marriage, and the other spouse’s income was their only source of monetary support. Today, due to the prevalence of dual income families, granting alimony has almost become a relic of the past. Alimony is paid in only 15% of marriages which ends in divorce. Pendente alimony is temporary spousal support that is awarded to one spouse until the divorce decision is finalized. Rehabilitative alimony is temporary spousal support that is granted while the former spouse receives the necessary training and education to return to the workforce. Permanent alimony may be awarded to an elderly spouse who was married for a long period of time, especially if there is a disability or illness, which prevents them from working. The length of a marriage is one of the most important factors a judge will consider when awarding alimony. Couples must be married at least ten years before alimony is considered.
Another important factor, which a judge will review, is the standard of living during the marriage. Under the Uniform Marriage and Divorce Act, a former spouse will not receive alimony if they have the ability to earn an income. Permanent alimony is until death, unless circumstances has changed, such as a remarriage or the children are older, and your ex spouse is able to resume working. In these circumstances, a couple can return to court to have alimony payments discontinued. Most states no longer consider fault when granting alimony. Alimony is awarded at the discretion of the court on a case by case basis.
If you are getting a divorce, then you should obtain the services of a lawyer who has legal knowledge about family law, specifically laws pertaining to divorce and alimony. A divorce lawyer will be your advocate in fighting for your rights to receive alimony, so you don’t suffer financial hardships because of a divorce.