What Is Alimony? the Essential Guide

Alimony agreements determine how much money one spouse owes the other after the dissolution of their marriage. It’s an important part of divorce and separation agreements with wide-ranging financial implications.

But what is alimony, exactly, and how does alimony work? 

Follow along to find out everything you need to know about alimony, such as what factors influence it, the process for receiving it, and how to modify or terminate payments. We'll also discuss how hiring an alimony lawyer can help enforce fair payments.

Alimony: meaning and purpose

Alimony, also called spousal support or spousal maintenance, is a court-ordered payment in which one former spouse pays the other following a legal separation or divorce.

The purpose of alimony is for a higher-earning spouse to provide the lower-earning ex-spouse with financial support—to help them get on their feet and/or maintain a similar standard of living they experienced during their marriage. Spousal support can also help prevent economic difficulties associated with the divorce.

While every marriage is different, some circumstances financially benefit one spouse over the other, making alimony payments necessary.

For example, if one spouse placed their career on hold to stay home and care for children, that arrangement put them at a financial disadvantage. Since they didn't have an opportunity to earn their own income while their spouse could continue working, alimony payments would help them sustain their post-divorce standard of living or enable their financial stability while they develop their career prospects.

Alternatively, one spouse may have financially supported the other while they underwent job training or earned a college degree during the marriage. Therefore, as part of the alimony agreement, the receiving spouse may need to repay the other for those financial contributions.

Types of alimony

Several different kinds of alimony exist, including temporary, rehabilitative, permanent, reimbursement, and lump-sum.

While all of these payments are designed to help prevent unfair economic hardships following a divorce or separation, each one comes with different stipulations. For instance, some payments are on a temporary or one-time basis, while others have longer terms and conditions.

Temporary alimony

Temporary alimony refers to short-term payments made from one spouse to the other during the divorce proceedings. It is only in effect until either the court makes a final decision on the case or the spouses reach an agreement in mediation.

For instance, if a case is ongoing, the lesser-earning spouse might need financial support to help cover continued expenses like the mortgage or electricity bills. Therefore, the higher-earning spouse would pay temporary alimony for a specific amount of time until the details are finalized.

It's important to note that just because a spouse made temporary payments doesn't mean they're off the hook for additional alimony payments. They may owe another type of alimony, depending on what's determined in mediation or court.

Rehabilitative alimony

Like temporary alimony, rehabilitative alimony is a short-term payment that the higher-earning spouse only pays until the other spouse can financially get on their feet. The payments are usually set for a specific period of time.

For example, rehabilitative alimony might go into effect only until the lower-earning spouse gets a job and starts earning their own money. Similarly, the payment may end once the receiving spouse earns a degree, certification, or job training that would help them become self-supporting.

Permanent alimony

As its name suggests, permanent alimony is paid indefinitely in regular installments. Also called long-term support, this kind of alimony does not have a set end date. That said, permanent alimony does terminate if one spouse dies or if the receiving spouse remarries. In some cases, the paying spouse might also be able to terminate the alimony if the receiving spouse cohabitates with a new partner.

Traditionally, permanent alimony was designed for wives who stayed at home raising the kids while their husbands worked, meaning they didn't have the training or skill set to get a job following their divorce. Because this situation is less common today, permanent alimony is rare and often reserved for spouses who cannot work due to a physical or mental condition after their divorce.

Reimbursement alimony

Reimbursement alimony is unique in that it's based on one's past contributions rather than one's future needs. In this circumstance, one spouse is responsible for repaying the other spouse for contributing to their job training, education, or professional growth during the marriage. This compensation is a one-time payment or a short series of payments—it's not meant to provide long-term financial assistance.

Let's say one spouse covered the cost of the other's college tuition while married. If the court ordered reimbursement alimony, the one who provided the financial support would receive compensation from their former spouse.

Lump-sum alimony

Unlike other alimony payments that occur in ongoing installments, lump-sum alimony refers to a one-time payment from the higher-earning spouse to the other lower-earning spouse. Once the spouse makes the required payment, there is no more financial obligation.

Some parties prefer this kind of alimony because they can get it all done at once and don’t have to worry about future communication or interactions with their exes. Also, once the spouse receives the payment, they cannot go back to the courts and request another or higher payment in the future.

How does alimony work?

There are several moving parts to the alimony process, which includes navigating how to file for it and understanding what determines how it is awarded.

There are a lot of factors that influence alimony decisions. Let’s look at how the process works and what determines the amount, modification, or termination of alimony.

Factors that influence alimony payments and decisions

So, how much alimony is owed after a divorce? It depends; there’s no one-size-fits-all formula.

For example, if you were married for more than a decade, you may pay more than if you were only married for a couple of years. Or, if you have a chronic illness that makes you unable to work, you may receive higher payments due to your health condition.

The following are just a few of the many factors that can impact the amount of alimony awarded:

• Jurisdiction. Each state has its own laws, and certain areas may be more or less sympathetic to alimony claims. The judge who oversees the case also plays a big role in the decision.
• Length of the marriage. How long a couple was married will influence how much is owed and how long the payments last.
• Financial condition of both spouses. The court will look at the earning capacity of both spouses, such as their income, education, and job opportunities, as well as their financial needs and living expenses.
• Contributions to the marriage. The court will consider non-financial support during the marriage, such as homemaking and child-raising responsibilities.
• Standard of living during the marriage. The goal is to maintain a similar standard of living established during the marriage post-divorce. This allows people to leave marriages without feeling obligated to stay for financial security.
• Health and age of both spouses. The court will consider how age and health conditions may impact their earning capacity, often in favor of granting the older or less healthy spouse some support.
• Fault. Some jurisdictions consider the impact of certain faults or grounds for divorce, such as adultery, when determining alimony.

The process of getting alimony

Before a court can award alimony, the two spouses must first go through the legal separation or divorce process. This involves taking the appropriate legal actions, such as filing a petition and negotiating the terms.

Some important steps in the process include the following:

• Hiring lawyers. Acquiring separate legal counsel helps both spouses navigate the process and advocate for their own best interests.
• Formal filing for divorce or legal separation. One spouse must file a divorce or separation petition to initiate the process. As part of the petition, they can request alimony payments.
• Temporary order request. During the divorce proceedings, a spouse can request temporary payments to help cover their living expenses. The court will review the request and determine whether to order temporary alimony.
• Financial disclosures. At this stage, both spouses must disclose all their financial records, such as their income, assets, debt, and living expenses, along with financial documents like tax returns and bank statements.
• Negotiation and mediation. With the help of their attorneys, both spouses need to negotiate their alimony agreement. They can go into mediation and come to a resolution outside of court.
• Court hearing. If they can't agree on the terms, both spouses will attend court with their attorneys and have a judge determine the terms of their divorce or separation agreement.
• Alimony order. As part of the court proceedings, the judge will decide on the kind of alimony to be granted and specify how much is owed and for how long.
• Enforcement. The receiving spouse can file a motion for enforcement if the paying spouse doesn't comply with the court order. The court has various methods for enforcing payments, such as ordering wage garnishments or levying their bank accounts.

Modification and termination of alimony

Are these court-ordered payments set in stone? No, not always. There are some circumstances in which one spouse may have a case for modifying or terminating the agreement in court. However, for this to occur, the former spouse must go through legal steps, which include filing the appropriate documents with the court and receiving the judge's approval.

While the specific requirements may vary from one state to the next, there are a few common qualifying conditions.

• Change in income or employment status. If the paying spouse experiences a loss in income, they can request a lower payment. However, if the paying spouse experiences an increase in income or the recipient spouse loses their job, the recipient spouse can request a higher payment. The same goes for changes in education or job training that would make one spouse more qualified for work and job opportunities.
• Change in financial needs. If the recipient spouse experiences a change in living expenses, like if they faced expensive medical bills following a health condition, they may qualify for higher alimony payments.
• Change in living arrangements. If the recipient spouse moves in with a new partner or remarries, the paying spouse may be able to modify or terminate the agreement.
• Retirement. If the paying spouse retires and can prove they can no longer afford to pay alimony on their retirement income, they may be able to change the terms of the agreement.
• Death of either spouse. If either spouse dies, alimony will terminate.

How a spousal support lawyer can ensure fair alimony

The best way to help ensure fair alimony is to consult with an alimony lawyer, also known as a spousal support lawyer. An alimony lawyer understands all the ins and outs of the law and can help negotiate alimony agreements in your favor.

The following are just a few examples of what a lawyer can do for you:

• Give legal advice. They will review your circumstances and provide counsel on the best course of action.
• Gather evidence. They understand what kind of documents and evidence are needed to build your case.
• Navigate state laws. They know their way around the legislation that governs your jurisdiction.
• Negotiate. They can help resolve disagreements and help you settle with your ex outside of court, saving you money.
• Represent you in court. They will present your case in court and advocate for your interests if you go to trial.
• Enforce payments. They can help you file a complaint with the court if your ex-spouse doesn't pay their required alimony.

Learn 10 questions you should ask a spousal support lawyer here.

FAQs

Here are some answers to some frequently asked questions about alimony and spousal support: 

How long does alimony last?

The duration of alimony payments depends on the negotiated terms and the specific type of alimony. For instance, if it's rehabilitative alimony, the ex-spouse only needs to pay for a set period, but if it's permanent alimony, they're typically required to continue paying until their ex remarries or either spouse dies.

However, in some cases, the duration of payments depends on the duration of the marriage. For instance, in California, if they were married for fewer than 10 years, alimony payments would last for half the length of the marriage.

Furthermore, some spouses may request modifications or terminations if they meet certain qualifying conditions, which could change the terms of the agreement. 

How is alimony calculated?

There is no standard formula for calculating alimony payments, but some states and jurisdictions do provide guidelines. For example, some calculations subtract a percentage of the payee's monthly net income from a percentage of the payer's monthly net income, while others use a formula based on the length of the marriage.

Depending on the jurisdiction, the judge may have more discretion and determine the alimony conditions based on the facts of the case and judicial precedent.

Is alimony taxable?

As part of the Tax Cuts and Jobs Act of 2017 for federal taxes, alimony payments are no longer considered taxable income for the recipient or tax-deductible for the payer for divorces that were finalized in 2019 and beyond. This means the payer can't deduct the alimony payments on federal income tax forms, and the payer can't report alimony as income on their federal income tax forms.

However, some states' tax laws differ from federal tax laws regarding spousal support. For instance, in California, the payer can still deduct the payments on their state tax forms, and the recipient can report it as income on their state tax forms.

Because of these nuances between state and federal tax laws, we recommend contacting an attorney or accountant for further guidance.

Can alimony be awarded in a civil union or domestic partnership?

Yes, alimony can be awarded in a civil union or domestic partnership if the jurisdiction legally recognizes the relationship. When alimony is granted in a domestic partnership, it's called domestic partner support.

What’s the difference between alimony and child support?

Alimony refers to payments made to an ex-spouse, while child support is the payment made to help raise their children. In short, alimony helps maintain the ex's standard of living after the divorce, and child support payments help maintain the kids' standard of living following the divorce. Alimony and child support are two separate payments, and the paying spouse could owe both following their divorce. 

Can a prenup prevent alimony?

Yes. A prenup is a premarital agreement that can outline the conditions for alimony following a divorce. It can limit the payments, determine when they will end, or prevent them altogether. If a prenup is in place, the lawyers and/or court will review the terms and conditions.

What happens if alimony isn't paid?

If your spouse doesn't pay alimony, your lawyer can help you file the appropriate documents with the court to enforce payments. Since failure to pay spousal support violates a court order, the judge has a few methods for enforcing payments.

For one, the judge can order a wage garnishment, in which the ex-spouse's employer withholds a portion of their pay to cover their debt, or the judge can levy the ex-spouse's bank account, allowing the bank to remove the debt directly from their account. The judge can also order the IRS to intercept tax refunds or stimulus payments and direct that money to you. In extreme cases, the judge may find your ex-spouse in contempt of court and could order jail time.

That said, if your ex-spouse can no longer afford to pay spousal support, then they can file a motion with the court to modify or even terminate the payments.