Alimony Overview
Alimony, or spousal support, consists of periodic payments made from one spouse to another during and following a divorce.
Alimony is typically awarded in four types:
Temporary or Transitional Support
Temporary support provides support for a short period of time, typically less than five years. Support may also be awarded while the divorce is pending.
Compensatory Support
Compensatory support provides support when there has been a signifiant financial contribution to the earning capacity of the other spouse.
Spousal Maintenance
Spousal maintenance provides long-term support for a spouse when that spouse's earning capacity has been diminished during the marriage.
Spousal Support as Property Division
If a court cannot fairly divide the property in a marriage because it is not easily converted to cash, it may order alimony to make up for the unequal division.
Most states will consider the following factors in determining alimony:
Length of the marriage
Age, health, income, education, training and work history of each spouse
Financial needs and resources of each party
Each party's custodial and child support responsibilities
Each party's contribution to (or dissipation of) marital property
Depending on the type, alimony may be modified. Most states require a "substantial change in circumstances" to modify alimony. Unless awarded as part of a property division, most alimony will end upon a party's death or remarriage.
Alimony is a court order, and failure to pay may be enforced through the court's contempt authority.
