Who Gets Spousal Support (Alimony) And Why?

Divorce can bring about many changes, not just emotionally but financially. One of the main issues that may arise during a separation or divorce is spousal support, commonly referred to as alimony. While it’s often misunderstood, spousal support is intended to promote financial fairness, not to punish or reward either party as a divorce lawyer can detail further.

What Is Spousal Support?

Spousal support is the court-ordered financial assistance one spouse may be required to pay the other after a divorce or legal separation. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to what they experienced during the marriage, especially if the marriage created an economic imbalance.

It’s important to note that alimony is not automatic. Just because one spouse earns more doesn’t mean support will be granted. Courts evaluate several factors before deciding if support is appropriate, how much should be paid, and for how long.

How Courts Decide Alimony

As our friends at Vayman & Teitelbaum, P.C. can explain, when determining whether spousal support should be awarded, judges generally consider:

• Length Of The Marriage: Longer marriages may justify more substantial or long-term support.

• Income And Earning Capacity Of Each Spouse: If one spouse stayed home to raise children or sacrificed their career, that could factor into the decision.

• Standard Of Living During The Marriage: Courts often aim to ensure that both spouses can maintain a similar lifestyle post-divorce.

• Age And Health Of Both Spouses: Older spouses or those with health concerns may need additional financial help.

• Contributions To The Marriage: This includes both financial and non-financial contributions, such as raising children or supporting the other spouse’s career advancement.

Types Of Spousal Support

Not all spousal support is the same. Depending on the situation, a judge may order different forms of alimony:

• Temporary Alimony: Support paid while the divorce is still being finalized.

• Rehabilitative Alimony: Short-term support to help a spouse become self-sufficient, such as going back to school or receiving job training.

• Permanent Alimony: Ongoing support, typically in long-term marriages where one spouse may not be able to become financially independent.

• Lump-Sum Alimony: A one-time payment instead of ongoing support.

When Does Spousal Support End?

Spousal support doesn’t always last forever. Depending on the court’s decision or the agreement between spouses, it may end when:

• The recipient remarries

• Either party passes away.

• A specific time period expires.

• The recipient becomes financially self-supporting.

Support agreements can also be modified or terminated if there is a significant change in circumstances, such as job loss or serious illness.

The goal of alimony is to ensure that neither spouse is left at a severe financial disadvantage as a result of the divorce. It helps bridge the gap for a spouse who may need time or resources to get back on their feet.

If you’re going through a divorce or thinking about separation, consulting a family law attorney can help you understand your rights and responsibilities when it comes to spousal support.