Alimony is financial support paid to the spouse who is economically disadvantaged. There are three main types of alimony: (1) periodic alimony, (2) lump-sum alimony, and (3) rehabilitative alimony.
Periodic Alimony:
This type of alimony requires the court to order the husband to pay a monthly amount, such as $2,000, to the wife, until her death or remarriage.
- Duration: The duration of periodic alimony is indefinite.
- Modification: It ends automatically upon the recipient’s death or remarriage. If the recipient begins cohabiting with someone of the opposite sex, there’s also a presumption of termination. Periodic alimony can be increased, decreased, or terminated if significant unforeseen circumstances arise.
- Tax Implications: Periodic alimony is deductible by the payer and taxable to the recipient.
Lump-Sum Alimony:
This type is typically used when the parties want to sever all financial ties. The court might order a payment of a lump sum, for example, $50,000, paid in installments such as $10,000 per month over five months.
- Duration: It is for a fixed period, and can be paid either as a lump sum or in installments.
- Modification: Lump-sum alimony is non-modifiable and is treated like a contractual obligation.
- Tax Implications: The tax treatment depends on whether the payment is specifically labeled as alimony. If designated as alimony, it is usually deductible by the payer.
Rehabilitative Alimony:
This type is considered the most favorable and involves the court ordering the husband to pay $1,000 per month to the wife for a specified period, such as 36 months.
- Duration: It lasts for a set period.
- Modification: It ends automatically upon the recipient’s death or remarriage. Cohabitation also triggers a presumption of termination. It can be adjusted or ended if the recipient has made reasonable efforts toward rehabilitation that proved unsuccessful.
- Tax Implications: Rehabilitative alimony is deductible by the payer and taxable to the recipient.
- Purpose: Rehabilitative alimony is intended to help the economically disadvantaged spouse regain the skills or education necessary to become financially self-sufficient. For instance, a spouse who left a career for marriage and now needs support to re-enter the workforce would benefit from this form of alimony.
Factors Considered When Determining Alimony:
The court will evaluate several factors when determining alimony, including:
- The financial resources of the spouse seeking support, including their earning capacity and other elements of the divorce settlement, such as property division and child support.
- The standard of living the couple had during the marriage.
- How long it will take the disadvantaged spouse to find work or complete necessary training.
- The ages and health conditions of both parties, including mental and physical health.
- The balance between the disadvantaged spouse’s needs and the other spouse’s ability to pay.
- The physical condition of each party, including any physical disability or chronic illness.
Considerations for Awarding Alimony:
The court primarily considers the need of the disadvantaged spouse and the paying spouse’s ability to provide support.
While fault may be taken into account in some cases, it is typically not considered when dividing property unless one party has dissipated marital assets.
Wage assignments may be used to ensure alimony payments are made.
Any modification requires significant proof of a change in circumstances, such as death, remarriage, cohabitation, or retirement if reasonable.
Alimony Pendente Lite:
Alimony pendente lite is temporary financial support provided during the divorce process to help the disadvantaged spouse cover legal costs. This type of alimony ends when the divorce is finalized and is not impacted by cohabitation.
Changes in Alimony Pendente Lite:
For couples with a combined net monthly income above $30,000, the courts will apply a specific formula to determine the amount of alimony, considering both spouses’ income and the duration of the marriage.
Divorce Lawyer R. Badet is a skilled attorney with extensive experience helping clients navigate the complexities of divorce. He handles cases ranging from simple to complex divorces, spousal support, child support, and custody issues. With his knowledge and experience, Divorce Lawyer R. Badet is dedicated to obtaining the best possible results for his clients. To learn more about your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation.
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