Understanding Alimony & Spousal Support

When a married couple gets a divorce, the court may award alimony or spousal support to one of the former spouses. The purpose of alimony is to avoid the unfair economic consequences of divorce by providing a continuing income to a non- or lower-wage earning spouse, paid by the wage (or higher-wage) earning spouse. Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award alimony and, if so, how much and for how long.

The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that the courts consider the following factors in making decisions about alimony awards:

• The age, physical condition, emotional state, and financial condition of the recipient;
• The length of time the recipient would need for education or training to become self-sufficient;
• The couple's standard of living during the marriage;
• The length of the marriage; and
• The ability of the payer spouse to support the recipient and still support himself or herself.

Although awards may be hard to estimate, whether the payer spouse will comply with a support order is even harder to gauge. Alimony enforcement is not like child-support enforcement, which has the "teeth" of wage garnishment, liens, and other enforcement mechanisms. The recipient could, however, return to court in a contempt proceeding to force payment.

Alimony is often deemed "rehabilitative," that is, ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end when the recipient remarries. Termination upon the payer's death is not necessarily automatic; in cases in which the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health considerations, the court may order that further support be provided from the payer's estate or life insurance proceeds.

In the past, most alimony awards provided for payments to former wives by breadwinning former husbands. As the culture has changed, so that now most marriages include two wage earners, women are viewed as less dependent, and men are more likely to be primary parents, the courts and spousal support awards have kept pace. A lawyer experienced in family law can help determine whether the parties in a divorce action are entitled to or must pay spousal support, and can assist in resolving all related issues.

Questionnaire: Are You Entitled to Alimony? (Spousal Support).

To read and printout a copy of the Questionnaire please click below.

Are You Entitled to Alimony?

You can download a free copy of Adobe Acrobat Reader at
http://www.adobe.com/acrobat/readstep.htm

Copyright 2005 Nolo

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

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