Alimony Overview

 
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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:

  1. 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.
     

  2. Compensatory Support
    Compensatory support provides support when there has been a signifiant financial contribution to the earning capacity of the other spouse.
     

  3. Spousal Maintenance
    Spousal maintenance provides long-term support for a spouse when that spouse's earning capacity has been diminished during the marriage.
     

  4. 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.