Who Is Entitled To Alimony During Divorce?

What is Alimony?

Alimony is spousal support or maintenance that is given after a divorce. It’s important to note that alimony is different from separate maintenance, which is spousal support that’s paid during divorce proceedings. 

Alimony is awarded when there’s an imbalance of earning power and standard of living between the spouses. This is especially common when one spouse doesn’t work. Awarding alimony is intended to help maintain a standard of living or balance of life as spouses rebuild their lives after divorce.

How is Alimony Decided?

You and your spouse can draft your alimony agreement outside of court with the help of a lawyer to mediate. If you can’t agree on alimony decisions, you can take it to court, and the judge proceeding over your divorce will review and decide on alimony as part of your divorce proceedings.

Factors Considered When Awarding Alimony

There is a formula that is used to calculate alimony payments. You can try to use it to calculate expected alimony, but it can be difficult to estimate alimony accurately. These are a few of the things that are considered as part of alimony decisions:

• One spouse’s needs and the other spouse’s ability to pay
• Each spouse’s income, property, and other financial resources
• Debt
• How marital assets and debts are divided in divorce
• Each spouse’s age, health, and medical needs
• Relative fault of the spouses in the ending of the marriage
• Length of the marriage

Types of Alimony

It’s not commonly known that there are a few different types of alimony you could be awarded. The type of alimony dictates the length of time you’ll receive alimony and can help you get a better estimate of how much you could be awarded.

Lump Sum Alimony

Lump sum alimony is commonly referred to as maintenance in gross. With this type of alimony, you receive one bulk alimony payment.

Temporary Alimony

If you are granted temporary alimony in your divorce, you’ll only receive alimony payments for a limited period of time. This is common when both spouses earn a similar amount of money, but one may require additional support following the divorce to establish themselves. For example, if one spouse has to buy a new house or relocate to a new area after the divorce.

Permanent Alimony

Permanent alimony payments continue indefinitely and only end if the spouse receiving the payments remarries or dies. This type of alimony is typically only awarded in marriages that lasted a long time.

Rehabilitative Alimony

Rehabilitative alimony is granted with the assumption that the receiving spouse will become self-supporting after a period of time. These alimony payments are intended to cover living expenses and the cost of educational or vocational training that would allow someone to work in a field. Rehabilitative alimony is especially common if one spouse hasn’t been working and needs additional training to be able to find work.

Contact a Family Law Attorney

Getting alimony and estimating the amount of alimony you can expect to receive can be confusing. Consulting an attorney can help make this process easier and less stressful for you. 

During any divorce or alimony proceedings, working with a lawyer you trust can be beneficial.

Contact Jason Campbell today to schedule a consultation to learn more about how we may be able to help you through this process.