- Periodic Alimony
- Definition: The court may direct one spouse to pay $2,000 monthly to the other spouse until the recipient either dies or remarries.
- Duration: This type is indefinite.
- Modification: It ends automatically if the recipient dies or remarries, and there is a presumption of termination if the recipient cohabitates with a member of the opposite sex. Periodic alimony may be raised, lowered, or ended if there is substantial and unforeseen change in circumstance.
- Tax: The payer can usually deduct the monthly payments immediately, while the recipient must include them as taxable income.
- Lump-Sum Alimony
- Definition: A court may order a spouse to pay, for instance, $50,000 total, at $10,000 per month over five months, effectively separating the spouses’ financial ties more definitively.
- Duration: Payment is set for a certain period of time and may be spread out in installments or as a single sum.
- Modification: Once decided, it typically cannot be changed and is treated like a contractual obligation.
- Tax: Whether or not it is deductible depends on whether it is labeled as alimony in a settlement agreement. If labeled as alimony, it may be deductible for the payer.
- Rehabilitative Alimony
- Definition: A court might require a spouse to pay $1,000 a month for 36 months, aimed at allowing the economically disadvantaged spouse to regain earning capacity.
- Duration: Set for a specific time frame.
- Modification: Ends automatically if the recipient dies or remarries, and there is a presumption of termination if the recipient cohabitates. It may be increased, decreased, or ended if efforts toward rehabilitation were made but proved unsuccessful.
- Tax: Payments are generally tax-deductible for the payer and taxable income for the recipient.
- Purpose: Rehabilitative alimony helps the disadvantaged spouse regain economic standing—especially if they sacrificed a career or earning opportunities during the marriage.
Factors Influencing an Alimony Award
When determining alimony, courts will generally consider:
- The requesting spouse’s financial resources, including their ability to earn income and any other assets or support awarded during the divorce.
- The standard of living maintained during the marriage.
- The timeframe the disadvantaged spouse might need to find work or finish relevant education or training.
- Both spouses’ ages and overall physical and mental health.
- The balance between the disadvantaged spouse’s financial needs and the other spouse’s ability to pay.
- Any physical conditions, such as disability or chronic illnesses.
Key Considerations for Granting Alimony
Courts weigh two main points when awarding alimony: the disadvantaged spouse’s need and the other spouse’s financial capacity. While fault is sometimes considered in alimony decisions, it typically does not affect how marital property is divided unless marital assets were dissipated by one party. Wage assignments can also be imposed to ensure payment, and modifications usually require a significant and ongoing change in circumstances—such as death, remarriage, cohabitation, or a reasonable retirement.
Alimony Pendente Lite
This form of alimony offers short-term financial support to help the economically weaker spouse cover the expenses of the divorce process itself. It usually stops when the divorce case concludes and is unaffected by cohabitation. Changes apply when the couple’s net income surpasses $30,000 monthly. Courts use a similar formula as they do for lower-income couples, though they may also factor in how long the marriage lasted when deciding on the duration of spousal support or alimony pendente lite.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience in handling every phase of divorce, whether straightforward or complicated. This includes spousal support, child support, and child custody issues. He is a seasoned attorney who aims to secure the most favorable results for his clients and offers representation in both Family Law and Criminal Law cases.
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