Dictionary:

alimony

  (ăl'ə-mō'nē)

1. Law. An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.
2. A means of livelihood; maintenance.

[Latin alimōnia, sustenance, from alere, to nourish.]

Payments made to a spouse or former spouse under a separation or divorce agreement.

Investopedia Says:
For the receiver, payments are considered taxable income; for the payer, they are a deductible expense.

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Payment for the support of one's estranged spouse in the course of divorce or separation. Alimony and separate maintenance payments are taxable to the receiver and deductible by the payor. Child Support and other voluntary payments are not considered alimony for tax purposes. Alimony is deductible for Adjusted Gross Income (AGI); child support is not tax deductible.

noun

The means needed to support life: alimentation, bread, bread and butter, keep, livelihood, living, maintenance, subsistence, support, sustenance, upkeep. See money.

Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces.

The purpose of alimony is to avoid any unfair economic consequences of a divorce, even after property is divided and child support, if any, is awarded. Courts set few specific guidelines to attaining this broad goal: instead of telling judges how and when to award alimony, most courts simply grant them broad discretion to decide what is fair in each case. Consider this scenario:

A couple who married in 1985 agree in 1995 to divorce. The husband now earns $63,000 a year, after seven years at a large company where the top pay for his specialty is $80,000. When they married, he was in graduate school and the wife was earning $22,000. The wife worked for three more years, supporting the husband while he completed his coursework and graduated.

When their first child was born, they agreed that the wife would care for the child at home. At the time of divorce, the wife had been working full-time for one year since the couple's children, ages seven and six, had entered school. She was earning $23,000 a year and would have custody of the children.

A judge in this case would certainly award child support and would probably divide marital property equally between the couple. But it might not seem fair to the judge to allow the husband to leave the marriage with the sole possession of the couple's most valuable asset— his earning potential — when the wife contributed to his education by supporting him.

Unlike the family's home or station wagon, the husband's earning power has not yet reached its full value, but promises to grow. It seems especially unfair for the wife not to receive a share of it since after helping the husband attain his education, she agreed to forfeit her earning power to invest time in the family. The several years she spent out of the workforce continue to handicap her earnings. Alimony is the only means available to the court to avoid a potentially unjust division of assets.

The judge in this case may award alimony, or may award a token amount — such as $1 a year — so that the wife has the option to request an increase later on (modifying an award is easier than winning one after the divorce). Or the judge may award no alimony; judges are not required to award alimony.

The husband and wife in this example are unlikely to find a single solution they both consider equitable. In trying to reach an order that is fair, judges must balance spouses' contributions and decisions during the marriage with their needs after the divorce. Although the result may not match both spouses' ideas of what is fair, one of alimony's biggest virtues is its flexibility: it can always be changed.

Alimony can be modified or eliminated as the former spouses' needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife's elderly mother becomes ill and dependent on her after the divorce, for example, the wife's need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances — such as a rise in the recipient's income or a drop in the payer's income — can cause the court to reduce or end alimony. Occasionally, courts increase alimony to keep up with inflation.

Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury. In successful cases, compensatory and punitive damages would be awarded, not alimony.

Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws — that is, laws providing that neither spouse has to prove wrongdoing on the part of the other.

Gaps in earning power that favor men over women in general create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.

In fact, state laws specifying the gender of the paying spouse and of the receiving spouse have been ruled unconstitutional. In deciding Orr v. Orr (440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306) in 1979, the U.S. Supreme Court ruled that Alabama state law, which specified that husbands may be ordered to pay support to wives, but not vice versa, violated the Equal Protection Clause of the Fourteenth Amendment. The case arose when William Orr, who had been ordered to pay alimony, was taken to court by his ex-wife for failure to pay. Orr's defense included a motion requesting that the Alabama alimony statute be declared unconstitutional. Although Orr was not seeking alimony from his ex-wife, he argued that the award to her would decrease if his circumstances were considered in addition to hers.

The Supreme Court decision supporting Orr meant that gender could not be considered in awarding alimony (although even in the mid-1990s very few alimony awards are made in favor of men).

Modern underpinnings for alimony have little to do with gender, but this was not always so. The U.S. model of alimony is based on ecclesiastical law (guidelines of the Christian religion), dating from a time in England's history when divorce did not exist. Unhappily married couples could live separately, but the husband was still obliged to support the wife financially. This arrangement was known as a divorce a mensa et thoro ("from bed and board," in Latin), and was not really a termination of the marriage. This limited divorce did not allow the parties to remarry, for example, and did not affect inheritance rules. The wife remained her husband's dependent, and alimony was seen as his ongoing marital obligation to her.

When full divorce became available, the idea of alimony continued, but with some important differences. Today's alimony awards are made based not on men's and women's roles, but on relative needs arising from decisions made during the marriage. Alimony is not an aspect of marriage, as it was in divorce a mensa et thoro, but only becomes necessary — and available— from the time of divorce.

Because the considerations that enter into a divorce award are sometimes complex, courts usually clarify the award's purpose and may place a time limit on it.

No mathematical guidelines exist to tell courts how to calculate alimony. In addition, each state legislature sets its own policy regarding whether and when alimony may be awarded.

The Uniform Marriage and Divorce Act (UMDA), which many states use as a model, recommends that courts consider the following factors: The financial condition of the person requesting alimony;

The time the recipient would need for education or job training;

The standard of living the couple had during the marriage;

The length of the marriage;

The age, physical condition, and emotional state of the person requesting alimony;

The ability of the other person to support the recipient and still support himself or herself.

Courts have at times awarded alimony when an unmarried couple separates, if the relationship closely resembled marriage or in other circumstances, such as in keeping with the couple's intentions and verbal agreements. Awards of this type are informally called palimony. Private separation agreements negotiated between a divorcing couple also can contain alimony provisions. For these reasons, it is difficult to estimate accurately the size and frequency of awards through the most common method, U.S. census data.

If awards are hard to estimate, compliance with awards is nearly impossible to gauge. Alimony enforcement is unlike child support enforcement, which has the "teeth" of wage garnishment, liens, and other mechanisms. Returning to court with contempt-of-court charges is usually the only option a would-be recipient has to enforce an existing alimony order.

If the divorce decree does not specify an ending date, an order to pay alimony usually remains effective until the court that awarded it changes or ends it. Alimony usually ends when the recipient remarries; this is known as terminable alimony. In the case of the recipient's remarriage, the payer sometimes must return to court to have the court change the alimony order, but often the termination is automatic.

The payer's death is not necessarily enough to end payments: some orders allow the recipient to inherit funds from the payer's estate, or require the payer to maintain a life insurance policy that will continue to support the recipient after the payer's death. These provisions, when made, often involve a recipient whose age or health makes it too difficult for the recipient to enter or reenter the workforce.

See: Child Support; Divorce; Family Law; Husband and Wife; Marriage; Sex Discrimination.

Quotes:

"I've been involved in something which was chaotic and insane. All I can say now is that I am, and intend to stay, a single man." - Sylvester Stallone

"Alimony -- the ransom that the happy pay to the devil." - H. L. Mencken

"Alimony is like buying oats for a dead horse." - Arthur Baer

Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Putative marriage
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

Alimony, maintenance or spousal support is an obligation established by law in many countries that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated. In some instances the obligation to support may continue after separation.

Historically, alimony arose as a result of the indissoluble nature of marriage. Because divorce was rare, husband and wife remained married after their physical separation and the husband's obligation to support his wife continued. With the growing view that men and women should be treated equally the law recognized that both husbands and wives owed each other a similar duty of support. Accordingly, courts now may order either the husband or wife to pay alimony (Especially in cases where the wife was the primary breadwinner.), though in practice it is more often the husband.

How alimony is granted

Once dissolution proceedings commence either party may seek interim or pendente lite support during the course of the litigation.

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.

Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a fair determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.

Alimony and child support compared

Alimony is not child support, which is another ongoing financial obligation often established in divorce. Child support is where one parent is required to contribute to the support of his or her children through the agency of the child's other parent or guardian.

Alimony is treated very differently to child support in the United States with respect to taxation. Alimony is treated as income to the receiving spouse, and deducted from the income of the paying spouse. Child support is not a payment that affects US taxes as it is viewed as a payment that a parent is making for the support of their own offspring.

If a party fails to pay alimony, there are not generally any special legal options available to the party that is owed money. In many jurisdictions, people whose child support obligations go into arrears can have licenses seized, in a few states they can even be imprisoned. Someone trying to recover back alimony can sometimes only use the collection procedures that are available to all other creditors (for example, (s)he could report the back alimony to a collection agency). In some states, if someone is unable to pay all of their alimony, they will be found in contempt of court and placed in jail.

Factors affecting alimony

Some of the possible factors that bear on the amount and duration of the support are:

Length of the marriage

Generally alimony lasts for a term or period, that will be longer if the marriage lasted longer. A marriage of over 10 years is often a candidate for permanent alimony.

Time separated while still married

In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states (such as New Jersey) do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.

Age of the parties at the time of the divorce

Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.

Relative income of the parties

In U.S. states that recognize a 'right' of the spouses to live 'according to the means they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to equalize strongly post-divorce income, heavily penalizing the higher-earning spouse.

Future financial prospects of the parties

A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.

Health of the parties

Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.

Fault in marital breakdown

In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are 'no-fault' states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.

A sex change is yet to affect previously granted alimony payments. Recent cases in Ohio and Florida have resulted in rulings for payments to continue, saying that sex change isn't enough to violate an alimony agreement.

Tax consequences of alimony in the United States

According to Section 71 of the US Internal Revenue Code, alimony must be included in the recipient’s gross income and can be excluded from the payer’s gross income. To qualify as alimony the payments must meet the following five conditions:

• The payment is a cash payment
• The payment is received by a “divorce or separation instrument”
• The instrument does not specify that the payments are not for alimony
• The payer and payee are not members of the same household when the payments are made
• There is no liability to make the payments for any period after the death or remarriage of the recipient

These requirements apply whether the parties enter an agreement that is approved in an order of the Court (contractual alimony) or the Court orders alimony after a contested trial (statutory alimony). See, for example, Post-Divorce Alimony in Texas.

A divorce or separation instrument is defined as a decree of divorce or separate maintenance or a written instrument incident to such a decree, a written separation agreement, or a decree requiring a spouse to make payments for the support or maintenance of the other spouse.

Child support must be included in the payer’s gross income and can be excluded from the recipient’s gross income. Child support payments are payments that are allocated to the support of the minor children of the pair. If the amount of the alimony payments would be reduced in the event of the age, death, or marriage of the child, this contingent amount would be considered child support.

Section 215 of the Internal Revenue Code allows the alimony payer to take a tax deduction for any alimony or separate maintenance paid during the year. The payer’s deduction is tied to the recipient’s inclusion of alimony.

Together Sections 71 and 215 act as an income-splitting device. Because of this, collaborative divorce processes such as mediation may allow special tax-saving alimony planning opportunities. See, for example, Mediation's Power in Alimony Cases.

See also

• Child support

External links

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Dansk (Danish)
n. - underholdsbidrag

Nederlands (Dutch)
alimentatie

Français (French)
n. - pension alimentaire

Deutsch (German)
n. - Alimente, Unterhaltszahlung

Ελληνική (Greek)
n. - (νομ.) διατροφή (συζύγου), επίδομα διατροφής

Italiano (Italian)
(dir. di famiglia) alimenti, mantenimento

Português (Portuguese)
n. - manutenção (f), pensão (f) alimentícia (Jur.)

Русский (Russian)
содержание, пропитание, алименты

Español (Spanish)
n. - pensión alimenticia

Svenska (Swedish)
n. - underhåll, understöd

中文（简体） (Chinese (Simplified))
赡养费, 抚养费, 生活费

中文（繁體） (Chinese (Traditional))
n. - 贍養費, 撫養費, 生活費

한국어 (Korean)
n. - (이혼한 아내에게 주는) 별거 수당

日本語 (Japanese)
n. - 扶助料, 生活のてだて, 扶養, 扶養料

العربيه (Arabic)
‏(الاسم) نفقه ألزوجه ألمطلقه‏

עברית (Hebrew)
n. - ‮דמי-מזונות המשולמים ע"י גרוש לגרושתו או להפך, מזונות‬

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