Below, our friends from Vayman & Teitelbaum, P.C. explain what alimony is and different aspects of it.
What Is Alimony?
When people hear the word “alimony,” many assume it’s a guaranteed outcome of divorce. But the truth is, spousal support, also known as alimony, is far from automatic. Courts don’t just hand out support checks at the end of a marriage. Instead, several factors are considered to determine whether alimony is appropriate, how much should be paid, and for how long.
Whether you’re the one potentially paying or receiving, it’s important to understand what really drives alimony decisions. Let’s break down the key considerations and clear up some common misconceptions.
Alimony is a legal obligation for one spouse to provide financial support to the other after a divorce or separation. It’s intended to help the lower-earning spouse maintain a lifestyle reasonably similar to what they had during the marriage, at least for a period of time.
But not every divorce results in alimony. And not every alimony agreement is long term.
Myth: Alimony Is Automatic
This is perhaps the most common misunderstanding. Many people assume that if one spouse earns more, they’ll have to pay spousal support. In reality, courts assess whether support is necessary, fair, and financially feasible based on a combination of factors, not just income differences.
What The Court Actually Looks At
Courts typically consider the following when determining alimony:
Length Of The Marriage
Longer marriages tend to result in longer or more substantial support awards. A marriage of 20 years will likely be treated differently than one of two.
Standard Of Living During The Marriage
The goal is to prevent either spouse from experiencing a significant drop in their lifestyle, especially if one partner was financially dependent.
Earning Capacity And Employment History
A spouse who gave up a career to raise children or support the other’s professional goals may be entitled to support while they reenter the workforce or receive job training.
Age And Health
A spouse’s ability to work due to health or age may be taken into account when determining the length or amount of alimony.
Contributions To The Marriage
This includes both financial and non-financial contributions, such as raising children, managing the household, or supporting a partner’s career.
Financial Resources
Assets, debts, and access to income from other sources are all factored into the equation. The court aims to strike a fair balance, not to penalize either side.
Temporary Vs. Long-Term Alimony
Not all spousal support is indefinite. In many cases, the court may award rehabilitative alimony, which lasts only long enough to allow the recipient to become self-supporting. Permanent alimony is less common and usually reserved for long-term marriages where one spouse is unlikely to ever regain financial independence.
Can Alimony Be Modified?
Yes. If life circumstances change significantly, like a job loss, remarriage, or health issue, either spouse can request a modification to the alimony agreement. This flexibility allows support to adapt over time, but the change must be justified and legally approved.
Don’t Rely On Assumptions, Get Legal Guidance
Whether you think you’ll need support or worry you’ll be asked to pay, don’t go into divorce negotiations without understanding your rights. Alimony is a complex issue that’s evaluated case by case. What happened in a friend’s divorce won’t necessarily happen in yours.
Talking to a family lawyer can help you understand your financial position, negotiate fairly, and avoid surprises.
Spousal support isn’t a punishment or reward; it’s a tool meant to ensure both spouses can transition into their post-divorce lives with stability and fairness. It’s not automatic, and it’s certainly not one-size-fits-all. When you understand the factors at play, you can approach the process with more confidence and clarity.