Spousal Support (Alimony)
The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. Part of the justification is that an ex-spouse may have chosen to forego a career to support the family, and needs time to develop job skills to support themselves.
Another purpose may be to help a spouse continue the standard of living they had during marriage despite changes to income, income tax, bonuses, taxable income, tax returns and etc.
How the Amount of Alimony is Determined
Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support and, if so, how much and for how long. The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards:
- The age, physical condition, emotional state, and financial condition of the former spouses;
- The length of time the recipient would need for education or training to become self-sufficient;
- The couple's standard of living during the marriage;
- The length of the marriage; and
- The ability of the payer spouse to support the recipient and still support himself or herself.
How Long Must Alimony Be Paid?
Alimony is often deemed "rehabilitative," that is, it's ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree doesn't specify a spousal support termination date, the payments must continue until the court orders otherwise.
Most awards end if the recipient remarries. Termination upon the payer's death isn't necessarily automatic; in cases where the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health considerations, the court may order that further support be provided from the payer's estate or life insurance proceeds.
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