Alimony
Alimony is a type of support payment made from one spouse to another based on need of the receiving spouse and ability to pay of the paying spouse. This type of spousal support is available to either spouse, it is no longer the rule that only husbands pay it to the wives. There are several factors a court considers in determining whether a spouse is entitled to receive alimony from the other spouse:
- Length of the parties' marriage
- Standard of living that was established between the parties within the marriage
- Emotional well-being, age, etc., of the parties
- Marital property and debts acquired during the parties' marriage
- Total sum of financial assets of each spouse
- Rehabilitative training for spouse that has been out of the workforce
Once the need and ability of the spouses is determined by the court, there are four types of alimony:
- Temporary Alimony - During the ongoing divorce proceedings or separation, payments may be awarded. Temporary Spousal Support may include money for living expenses and divorce costs, and is paid until the court has made a final determination regarding the issue.
- Rehabilitative Alimony - To assist a spouse in obtaining the training and/or education necessary to find employment and support him or herself. Payments are awarded as long as reasonably necessary to rehabilitate the spouse. This spouse support award is modifiable upon petition to a court.
- Permanent Periodic Alimony - This type of spouse support is paid regularly and is designed to support a spouse that does not possess the resources or ability to support him or herself. It is mostly awarded in cases where there has been a long marriage or the spouse is older, ill or otherwise incapacitated and unable to be rehabilitated. The recurring payments are usually made until the receiving spouse dies or remarries. If there is a change is the payor spouse's ability to pay or the receiving spouse's need for alimony, the award is usually modifiable.
- Lump Sum Alimony - This form of spousal support is paid all at once. The payor spouse is allowed to make one single payment of either cash or, in some cases, real property. It may also be paid over time or a specific amount of time. However, this type of award is usually not modifiable.
Alimony is usually structured so that the payments are tax deductible for the
payor spouse and treated as gross income to the payee spouse.
If you
have any questions regarding Alimony, please do not hesitate to contact our
office so that we may advise you regarding your rights and remedies in obtaining
Alimony.