Alimony Laws

After a divorce, the court may decide that you have to pay alimony to your spouse, or that your spouse must pay alimony to you. The basis behind alimony is that the spouse who was financially supported during the marriage should not go without that support after a divorce. Alimony, also known as spousal support or spousal maintenance, can be permanent or temporary. Sometimes alimony only lasts during the active divorce case and does not continue after the final divorce decree.

Determining alimony payments can be contentious. Guidelines on who gets spousal support vary among states. Talk to your divorce attorney about your specific situation to determine if you can get alimony or have to pay alimony.

What Is Alimony?

The intention of alimony payments is to support the recipient spouse for as long as necessary after a divorce. A judge can order alimony for a set term of years (temporary spousal support) or until a specific change in circumstances, usually called permanent alimony, and may end upon the death of either party or the recipient’s remarriage.

If the judge orders payments to you or your ex, these payments may be based on a specific calculation or the judge’s discretion. Alimony is not generally based on fault or the cause of the divorce, though the fault of either party could increase or reduce the amount ordered. Instead, the court considers several factors, including:

• Financial resources and needs
• Jointly owned and separate property — and how it is divided in a divorce 
• Each spouse’s income and future earning capacity
• Your standard of living during the marriage
• The length of the marriage
• The time required to find a job, including any additional schooling or training needed
• Age and health
• The contributions you each made to your marital finances

The court may increase the alimony award for a long marriage where one spouse didn’t work and instead focused on maintaining the household and raising children. Typically, if both spouses are financially self-supporting, the court won’t award alimony.

Which Spouse Can Receive Alimony?

Alimony is not just for women. Either spouse in a marriage may be eligible for spousal support. The sex or gender of the spouse has nothing to do with spousal support. A judge will primarily consider financial needs and state laws. The spouse who pays is generally the one with more financial resources available.

Types of Alimony Payments

The type of payment will depend on your state’s laws and the individual support order. Alimony payments usually take one of the following forms:

• Regular payments that do not end until a change in circumstances
• Regular payments that end after a set period of time
• One lump-sum payment

Alimony Modifications

For spousal support payments to end, there usually has to be a substantial change in circumstances. This could include when the dependent spouse remarries, dies, or has a significant change in income. The paying spouse may have to continue the payments unless they have a significant change in income. 

If the paying spouse loses their job, they may have to continue paying until the court changes the alimony order. Either party can petition the court to modify or terminate alimony payments.

Enforcing Alimony Payments

If your ex-spouse is not making spousal support payments, you may need to go to court to enforce the alimony order. If you are not receiving your court-ordered spousal support payments, contact your family law attorney for help. Your lawyer can take action to force the former spouse to make payments, make back payments, or garnish their wages to enforce the court’s orders.

If you are making spousal support payments and you suffer a sudden loss of income that makes paying alimony difficult, do not simply stop paying. Talk to your lawyer about a modification. Simply refusing to pay could lead to a judge holding you in contempt of court. Failing to pay spousal support will not make the payments go away.

Prenuptial Agreements and Alimony

A prenuptial agreement is a contract that you and your fiancée negotiate before the marriage to enforce certain terms in the event of a separation. A prenup can limit the amount of spousal support if you ever divorce. The court will likely enforce the terms of a prenuptial agreement if you have signed a valid prenup that follows the laws of your state. 

If one spouse coerces the other to sign a prenup, the contract may be unenforceable. If you have any questions about how a prenup will affect your financial support after a divorce, talk to an experienced family law attorney.

Child Support and Spousal Support

Child support and child custody determinations are separate from spousal support. Child support generally provides the custodial parent with payments to help care for children. Unlike spousal support, a parent cannot sign away their rights to child support in a prenuptial agreement. Awarding child support will have little effect on whether a judge also awards alimony.

Do You Need a Lawyer for Alimony Matters?

Alimony can be a sensitive issue for each spouse in a divorce. Lawyers experienced in divorce and other family law disputes may be able to help you negotiate an appropriate alimony plan. If you have any questions about who has to pay alimony, you should contact an experienced divorce lawyer for legal advice.