- Periodic Alimony
- In this arrangement, one spouse provides ongoing payments to the other (for instance, $2,000 per month) until the recipient either passes away or remarries.
- It continues indefinitely unless circumstances change substantially.
- By law, periodic alimony terminates automatically upon the death or remarriage of the recipient, and there is a presumption of termination if the recipient cohabits with another person.
- It can be raised, lowered, or ended if there is proof of unforeseeable, significant changes.
- These payments are tax-deductible for the spouse who pays and taxable for the spouse who receives them.
- Lump-Sum Alimony
- This type is often used to settle financial ties outright. For example, a court might order a total of $50,000, distributed in increments of $10,000 over five months.
- The payment schedule is set for a specific duration, either in installments or as a single sum.
- This form of support is not open to modification and is treated similarly to a contractual obligation.
- Whether it is tax-deductible or taxable depends on whether it is officially designated as alimony in the settlement agreement.
- Rehabilitative Alimony
- Rehabilitative payments aim to help the economically disadvantaged spouse become self-supporting. For example, a judge might order $1,000 per month for 36 months.
- They are provided for a defined period, usually while the spouse obtains education or job skills.
- These payments end automatically upon death or remarriage of the recipient and are presumed to end if the spouse cohabits with another individual. They can be increased, decreased, or stopped if reasonable efforts at self-sufficiency have been made but have not succeeded.
- They are tax-deductible for the payer and taxable for the recipient.
- Their purpose is to give the disadvantaged spouse an opportunity to regain earning capacity comparable to the other spouse.
Factors Affecting Alimony Decisions
When determining alimony, judges examine multiple factors, such as:
- The financial resources of the spouse seeking support, including earning potential and division of marital property.
- The couple’s standard of living during the marriage.
- The time necessary for the disadvantaged spouse to find suitable employment or complete education/training.
- The age and physical/mental health of both spouses.
- A balance between the receiving spouse’s needs and the paying spouse’s ability to provide.
- Each spouse’s physical condition, which may involve any chronic health issues.
Key Considerations for Alimony Awards
Courts primarily focus on whether one spouse has a genuine need for support and whether the other spouse can afford to pay. Although fault can influence alimony decisions, it usually does not affect the equitable distribution of property unless one spouse has wasted or misused marital assets. A wage assignment can be imposed to guarantee payment, and any modification to alimony requires a considerable and continuing change in circumstances (e.g., death, remarriage, cohabitation, or reasonable retirement).
Alimony Pendente Lite
Alimony pendente lite is a separate category intended to help the less financially stable spouse cover legal fees and living expenses during ongoing divorce proceedings. It automatically ends once the divorce is finalized and is not impacted by cohabitation. If the spouses’ combined monthly net income exceeds $30,000, the court uses a similar guideline approach while factoring in marriage duration when determining the length of spousal support or alimony pendente lite.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers extensive experience throughout the divorce process, whether a case involves a straightforward dissolution or complex matters like spousal and child support, property division, and custody arrangements. Known for diligent advocacy in Family Law and Criminal Law, he strives for outcomes that align with each client’s best interests. To learn more about your rights and possible strategies, visit his website at www.lawyersfordivorces.net or call for a free consultation.
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