Alimony, spousal maintenance, and spousal support are all terms used to describe financial payments that one spouse may be required to pay to the other after a separation or divorce. This arrangement was traditionally designed to help a lower-earning or non-earning spouse maintain a standard of living reasonably close to what was established during their marriage. Nowadays, it is frequently utilized as a property division tool to help ensure fair divorce settlements, regardless of what both spouses earn.
If you are divorcing, you may expect to pay or receive support. Either way, knowing what to expect can help you to make informed decisions about your rights, options and negotiating strategy.
The basics of spousal maintenance
Spousal support is not awarded in every case. It may be an arrangement that is voluntarily agreed to by spouses seeking to fairly divide their marital estate. In contested divorce matters, courts consider a range of factors when determining whether alimony is appropriate, how much should be paid and for how long. These factors may include the length of the marriage, the income and earning potential of each spouse, the age and health of both parties, contributions to the marriage (such as childcare or supporting a spouse’s education) and the overall financial circumstances of each person.
There are several types of spousal support. Temporary support may be ordered while a divorce is still pending to provide financial stability during the legal process. Rehabilitative support is common in situations where one spouse needs time to become self-sufficient, such as returning to school or finding suitable employment. In longer marriages or when a spouse is unlikely to become financially independent due to age or health issues, permanent or long-term support may be awarded.
Alimony can be paid in various ways—monthly payments are most common, but a lump-sum payment or property transfer may be ordered in certain situations. A court order or settlement agreement will outline the terms of support, including the amount, frequency and duration of payments.
Spousal support can be modified or terminated under certain circumstances. If there is a significant change in income, loss of employment or if the receiving spouse remarries or cohabitates with a new partner, the paying spouse may request a modification through the courts. Likewise, the receiving spouse may ask for an increase if their financial needs change and the other party can pay more.
Whether you are seeking support or may be required to pay it, working with a legal team can help to ensure that your unique arrangement is fair and enforceable.