Alimony

Alimony refers to the amount of money that one spouse must pay the other for support and maintenance after the dissolution of marriage. The amount of support one spouse must provide the other following divorce is determined by court order. Alimony is intended to uphold the standard of living both spouses had during the marriage. In the past, alimony was typically awarded to the wife and paid by the husband. However, over time judges began to award spousal support on a case-by-case basis depending on a number of factors.

Every state has its own laws that determine the criteria for awarding alimony. There are a many factors a judge considers before deciding whether to award alimony and how much money to award. Some of these determining factors include, but are not limited to:

· Duration of the marriage
· Earning capacity of both spouses
· Age, physical, mental and emotional state of each spouse
· All sources of income including interest and bonuses
· The contribution of one spouse to the other’s education or career
· The contribution of one spouse as a homemaker
· The amount of earning capacity that will be affected by the custodial parent

Additionally, a judge will evaluate any economic circumstances of either spouse that they believe will help them reach a just decision.

Once the judge determines which spouse will receive spousal support, there are a few ways in which the alimony can be awarded.

· Permanent alimony is to be paid until the payer dies or until the recipient remarries. In some state, cohabitation laws apply and alimony ends when the recipient moves in with another partner.

· Lump sum refers to one whole alimony payment rather than periodic payments. It is important to know that lump sum alimony is taxable. Speak with a qualified divorce attorney before agreeing to this kind of payment.

· Temporary alimony lasts only a specific amount of time, typically one or two years, and is normally awarded when both spouses are on even ground, but one spouse needs additional financial assistance to “get on their feet.”

· Rehabilitative alimony is awarded in situations when the recipient is able to enter the workforce and become self-supporting, but needs financing for the education necessary to go back to work. Rehabilitative alimony is the most commonly awarded type of alimony.

It is important to bear in mind that all alimony payments will end upon death of the payer.

Because alimony and divorce laws vary so much from state to state, it is imperative to seek the assistance of a qualified divorce attorney who can help protect your legal rights and options. If you would like to learn more about alimony, please contact us to speak with a qualified and experienced divorce attorney in your area.

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"A woman who killed her son still eligible for alimony"

A woman who killed her 14-year-old son may still be eligible for alimony from her ex-husband when she is released from prison, a New Jersey appeals court ruled last w...

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