Alimony, or spousal support, is critical for many who divorce after years of being out of the workplace. Understanding how alimony is calculated with the help of a cooperative divorce lawyer and what factors are considered in awarding it, helps a lower earning spouse set expectations and plan better.
Purpose Of Alimony
Alimony is financial support paid by a higher earning spouse to the lower or non-earning spouse after divorce. The primary purpose is financial stability for the lower-earning spouse, ensuring they can maintain a reasonable standard of living as they transition back into the workplace or to retirement age. Alimony can be temporary or permanent, although permanent alimony has become less common in recent years.
Types Of Alimony
- Temporary Alimony: Also known as pendente lite alimony, this is awarded while the couple is in the process of divorce to help the lower-earning spouse meet financial needs until the divorce is final.
- Rehabilitative Alimony: This type of alimony is awarded for a finite period with the idea that the recipient becomes self-supporting while it is paid. It may cover costs related to education, training, or job search efforts.
- Permanent Alimony: Awarded in cases where the lower-earning spouse is unlikely to become self-sufficient due to age, health, or other factors. Permanent alimony continues until the recipient remarries, cohabitates in a meretricious relationship, or either spouse dies.
- Reimbursement Alimony: This type compensates one spouse for contributions to the other’s education or career advancement during the marriage.
Factors Influencing Alimony Decisions
- Duration of the Marriage: Longer marriages are more likely to result in alimony awards, particularly permanent alimony.
- Financial Resources: The financial resources and needs of both spouses are considered, including income, assets, and earning capacity.
- Standard of Living: The standard of living necessary to meet basic and necessary needs of the recipient, or to make the recipient’s home more similar to the payor’s home if there are minor children.
- Age and Health: The age, physical, and emotional health of both spouses can impact the amount and duration of alimony.
- Contributions to the Marriage: Non-financial contributions, such as homemaking and child-rearing, are also considered.
- Time Needed for Education/Training: If the lower-earning spouse requires education or training to become self-sufficient, the time needed to achieve this may be factored into the alimony decision.
- Conduct During the Marriage: In cases of adultery or desertion, the court may deny alimony to the at-fault spouse and in some states alimony is barred by statute in these cases.
Calculating Alimony
In many states, there is no fixed formula for calculating alimony as our friends at The Law Office of Julie Ernst-Fortin, PC can explain. Instead, judges have discretion and consider the unique circumstances of each case. The goal is to achieve a fair and equitable outcome that supports the lower-earning spouse without imposing undue hardship on the paying spouse.
Modifying Alimony
Alimony orders can be modified if there is a significant change in circumstances, although it is not guaranteed. Common reasons for modification include:
- Changes in Income: Significant increases or decreases in either spouse’s income can warrant a modification of alimony.
- Remarriage or Cohabitation: If the recipient spouse remarries or in some states if the recipient cohabitates in a meretricious relationship, alimony payments cease.
- Health Issues: Major health issues affecting either spouse’s ability to work can lead to a modification.
Enforcement Of Alimony
Ensuring compliance with alimony orders is crucial. Methods of enforcement include:
- Income Withholding: Alimony payments can be automatically deducted from the paying spouse’s paycheck.
- Contempt of Court: Non-compliance can result in the paying spouse being held in contempt of court, leading to fines or jail time.
- Property Liens: Liens can be placed on the paying spouse’s property to secure unpaid alimony.
Understanding the purpose, types, and factors influencing alimony is essential for understanding this aspect of divorce. By being informed about how alimony is determined and what to expect, spouses can better prepare for negotiations and ensure a fair outcome. Whether seeking or contesting alimony, clear communication, thorough documentation, and, when necessary, legal guidance can help achieve an equitable resolution — reach out to a lawyer near you for more information.