Alimony is provided to the spouse who faces a financial disadvantage after a divorce. There are three primary forms:
- Periodic Alimony
- Lump-Sum Alimony
- Rehabilitative Alimony
1. Periodic Alimony
- This type requires regular payments (for example, $2,000 per month) to continue until the recipient either remarries or passes away.
- It lasts for an indefinite period and will automatically end upon the recipient’s death or remarriage. Courts also presume it should end if the recipient starts living with someone of the opposite sex.
- It can be modified (increased, decreased, or ended) if significant, unpredictable circumstances arise.
- The individual paying the alimony can deduct these payments for tax purposes, and the recipient must report them as taxable income.
2. Lump-Sum Alimony
- This involves a fixed total amount (for instance, $50,000) that may be paid all at once or in several installments (such as $10,000 per month for five months).
- The timeframe is defined in advance, and the obligation does not change once it’s determined.
- Since it’s considered a contractual right, it usually cannot be modified after the fact.
- Its tax treatment depends on whether it’s explicitly labeled as alimony or if it’s merged into a settlement. If it’s specified as alimony, it’s generally deductible for the payer and taxed to the recipient.
3. Rehabilitative Alimony
- This is considered the most favored type, aimed at helping the disadvantaged spouse become self-sufficient. For example, the court might order $1,000 per month for 36 months.
- It continues only for a predetermined period.
- Like periodic alimony, it automatically ends when the recipient remarries, passes away, or likely upon cohabitation with someone else. It can be altered if the spouse has made all reasonable attempts to become self-supporting but remains unable to do so.
- From a tax perspective, the payer can deduct these payments, and the recipient must declare them as income.
- Its primary goal is to help the disadvantaged spouse regain an earning capacity comparable to that of the other spouse—often relevant when one partner left a career or lost job opportunities during the marriage.
Factors Affecting Alimony Decisions
When determining alimony, the court reviews:
- The requesting spouse’s financial situation, including earning potential and other elements of the divorce agreement (property division, child support, etc.).
- The standard of living the couple enjoyed during the marriage.
- The length of time needed for the disadvantaged spouse to secure employment or finish necessary education or training.
- Both spouses’ ages and physical/mental health.
- Balancing the disadvantaged spouse’s needs with the other spouse’s capacity to pay.
- Physical conditions such as a chronic illness or disability.
Considerations for Awarding Alimony
Courts primarily look at the disadvantaged spouse’s level of need and whether the other spouse can afford to pay. Fault can play a role in alimony decisions, although it usually does not influence property division unless one spouse has squandered marital assets. A wage assignment may be used to ensure the alimony is paid. Significant, ongoing changes in circumstances (such as death, remarriage, cohabitation, or reasonable retirement) can prompt modifications.
Alimony Pendente Lite
- This special category is intended to help the financially weaker spouse manage the costs associated with divorce proceedings. It ends once the divorce is finalized and is generally unaffected by cohabitation.
- When the combined net monthly income of the spouses exceeds $30,000, the same formula used for lower net incomes applies, but courts also consider how long the marriage lasted in deciding the duration of spousal support or alimony pendente lite.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients throughout every step of the divorce process. His practice handles both straightforward and more intricate divorce cases, covering topics like spousal support, child support, and child custody. He is a knowledgeable litigator who aims for the most favorable resolution possible. More information can be found at www.lawyersfordivorces.net, or you can call for a complimentary consultation. He is highly regarded for his many years of experience dealing with both Family Law and Criminal Law cases.
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