Alimony is financial support paid to the spouse who is financially disadvantaged. There are three types of alimony: periodic, lump sum, and rehabilitative.
- Periodic Alimony:
- In periodic alimony, the court may order the paying spouse to provide monthly payments to the recipient, for example, $2,000 each month until the spouse’s death or remarriage.
- Duration: The payments can last indefinitely.
- Modification: Periodic alimony ends automatically if the recipient dies or remarries, or if they cohabit with a member of the opposite sex. It can be modified if unforeseen substantial changes occur.
- Tax Implications: The payer can deduct the payments, and the recipient must report the payments as taxable income.
- Lump-Sum Alimony:
- This type of alimony is paid as a one-time lump sum or in installments. For instance, the court might order the paying spouse to pay $50,000 in $10,000 monthly installments over five months.
- Duration: The duration is for a fixed period, either in installments or as a full lump sum.
- Modification: Lump-sum alimony is non-modifiable as it is treated like a contract.
- Tax Implications: Whether it is deductible or taxable depends on whether the payment is explicitly labeled as alimony in the settlement.
- Rehabilitative Alimony:
- This type of alimony is commonly awarded to help the recipient regain the ability to support themselves. For example, a court may order $1,000 per month for 36 months.
- Duration: It is paid for a set period.
- Modification: Rehabilitative alimony terminates upon the recipient’s death or remarriage, or if they cohabit with another person. It can also be adjusted based on whether rehabilitation efforts are successful.
- Tax Implications: The payer can deduct the payments, and the recipient must report them as taxable income.
- Purpose: It aims to help the disadvantaged spouse rebuild their earning capacity, especially in cases where the spouse sacrificed their career during the marriage.
Factors the Court Considers When Determining Alimony:
The court evaluates several factors when deciding on alimony, including:
- The financial resources of the spouse requesting support, including their potential to earn income and other aspects of the divorce settlement, such as property division and child support.
- The couple’s standard of living during the marriage.
- The time it will take the disadvantaged spouse to gain employment or complete necessary education or training.
- The physical and mental health of both spouses.
- The balance between the recipient’s needs and the payer’s ability to provide support.
- Any physical disabilities or illnesses of either party.
Considerations for Awarding Alimony:
The court primarily considers the need of the disadvantaged spouse and the paying spouse’s ability to afford support when determining alimony. Fault may occasionally be a factor in awarding alimony, though it is not typically considered in property division unless one party has wasted marital assets.
In some cases, a wage assignment can be used to ensure alimony payments are made.
Modification of Alimony:
Changes in circumstances, such as death, remarriage, cohabitation with someone of the opposite sex, or retirement, can warrant modification of alimony.
Alimony Pendente Lite:
This type of alimony is temporary and is intended to assist the disadvantaged spouse with the costs of divorce proceedings. It terminates once the divorce is finalized and does not end with cohabitation.
If the couple’s combined net monthly income exceeds $30,000, the court may use a specific formula to calculate alimony pendente lite, considering factors like income differences and whether there are minor children involved.
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