Alimony is financial support paid to the spouse who is financially disadvantaged after a divorce. There are three main types of alimony: periodic alimony, lump-sum alimony, and rehabilitative alimony.
- Periodic Alimony:
This type requires the paying spouse to make regular payments (e.g., $2,000 per month) to the receiving spouse until her death or remarriage.- Duration: Indefinite
- Modification: The payments can end if the recipient remarries or passes away, or if they start living with someone of the opposite sex. The amount may also change due to unexpected significant events.
- Tax Consequences: The paying spouse can deduct these payments, while the recipient must report them as income.
- Lump-Sum Alimony:
Lump-sum alimony is a one-time, total payment (e.g., $50,000 paid in monthly installments of $10,000). This is often used when both parties want to sever ties completely.- Duration: For a fixed period, with the option of paying all at once or in installments.
- Modification: This form is non-modifiable and treated like a contractual obligation.
- Tax Consequences: Whether the payer can deduct the payments depends on whether the sum is clearly identified as alimony.
- Rehabilitative Alimony:
This is the most commonly used form of alimony, meant to help the disadvantaged spouse regain their financial footing (e.g., $1,000 per month for 36 months).- Duration: For a set period
- Modification: Ends if the recipient dies or remarries, or if they start cohabiting with someone. If rehabilitation efforts fail, it may be altered or terminated.
- Tax Consequences: The payer can deduct these payments, and the recipient must declare them as income.
- Purpose: Rehabilitative alimony aims to help the disadvantaged spouse rebuild their earning potential, especially if they sacrificed a career during the marriage.
Factors for Determining Alimony:
The court evaluates multiple factors when deciding on alimony:
- The financial situation of the spouse seeking support, including their earning potential.
- The couple’s standard of living during the marriage.
- The time it would take for the disadvantaged spouse to gain employment or finish any necessary training.
- The health of both parties, including any physical or mental health issues.
- The balance between the needs of the disadvantaged spouse and the ability of the other spouse to pay.
- Any chronic physical conditions of either party.
Considerations for Awarding Alimony:
The court primarily considers two aspects: (1) the need of the spouse who is economically disadvantaged, and (2) the financial capacity of the other spouse to pay. While fault in the marriage may influence alimony awards, it generally does not affect property division, unless one spouse has misused marital assets.
Modifications to Alimony:
Any changes to alimony typically require proof of a significant and continuing change in circumstances, such as remarriage, cohabitation, or retirement.
Alimony Pendente Lite:
This is temporary alimony to assist the financially disadvantaged spouse with the costs of divorce proceedings. It ends once the divorce is finalized and is unaffected by cohabitation.
Changes to Alimony Pendente Lite:
For couples with a combined net monthly income exceeding $30,000, the court will apply a specific formula based on income differences. Courts also consider the marriage’s length when determining the duration of spousal support.
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