While divorce may end a marriage, it doesn't end obligations of one spouse to another. In many relationships, one spouse is more financially well off than the other. In a divorce, this earning discrepancy means that the less well off partner is entitled to receive spousal support, or alimony, to help him or her establish a new, post-divorce life.
Spousal support is financial assistance that recognizes a partner's contribution to the marriage and helps the recipient achieve financial independence. Alimony is available only to those who were legally married; and, rules vary by state. The court will award financial assistance based on factors such as the duration of the marriage, each person's earning capacity, contribution to household or career, and physical health of the recipient.
Alimony may be paid in one lump sum or on a temporary or permanent basis. The court typically will consider the circumstances of each partner when deciding on how much and how long assistance is needed.
Which Option to Choose?
Rehabilitative alimony is granted for a specified time period. It provides the recipient with the funds to obtain the job skills and education needed for him or her to become self-sufficient. This type of spousal support is also available to the stay-at-home parent who takes care of the children.
Although the court order or agreement specifies a duration for rehabilitative support payments, this alimony can be reviewed at the end of the set period. The court or divorcing parties must include a review provision in the agreement. The paying spouse has the right to stipulate in the agreement that there be no review. However, the court can override the payor's wishes and continue the support due to hardships such as the illness or incapacity.
Lump-sum spousal support is often granted in lieu of a property settlement. This is a fixed amount paid regardless of the recipient's situation, i.e., remarriage, cohabitation, or lack of financial need. Lump-sum alimony could also be paid to the estate of the deceased recipient. The amount awarded is equal to the total of future monthly payments.
Permanent spousal support continues until the recipient remarries or either payor or payee dies. Some states will terminate or suspend permanent support if the recipient cohabitates with another partner. In this case, the court would consider whether the third party was providing support for the recipient and whether the living situation was similar to a remarriage.
Permanent alimony payments may be adjusted due to changes in circumstances such as the recipient getting a better-paying job, receiving a major income source (inheritance, winning the lottery), or incurring medical expenses not covered by insurance.
Payments are also subject to change if the paying spouse either suffers a loss or reduction in income or retires. It is not a good idea for the payor to deliberately try to become a pauper. The court will review the situation to determine whether the financial downturn was in good faith and may deny a reduction in alimony request.
The dutiful spouse who works full time to put her partner through school and is dumped shortly after is a candidate for reimbursement alimony. As the name implies, this support reimburses one spouse for expenses incurred in helping the other complete an education or training program. Whether the recipient needs the money is irrelevant; reimbursement alimony is payback for providing support during the payor's time in school.
A court may also award the recipient a substantial amount of marital property as compensation. However, in reimbursement cases, the couple usually has not accumulated much property so a financial award is given instead. Reimbursement alimony can be paid in one lump sum or over a period of time.
Separation vs. Divorce
Temporary alimony can be paid when a couple separates but the divorce is not final. The parties execute a written marital separation agreement stipulating how much and when payment will be made. The agreement does not have to filed in court; if it is, the judge can decide whether the amount of temporary alimony is fair or if either party was coerced into signing the contract.
As with other forms of alimony, temporary spousal support can be adjusted. If the support agreement was not filed in court, the couple may set up a new payment plan themselves. A judge must order changes to agreements filed in court.
Tax Bites
Alimony takes a bite out of the payor's wallet but also provides him or her with a tax deduction. For the recipient, spousal support is considered income and is therefore taxed as such. When considering accepting a lump-sum alimony, beware that you could owe a significant amount of taxes on such a large payout. Consult a tax professional to help determine your best option.
No Mas, No Mas
Death of either spouse or remarriage of the recipient are the most common reasons for terminating spousal support. Some states allow for the reduction, suspension, or termination of alimony if the recipient lives with another person in a romantic relationship.
The payor must provide the court with evidence that the payee lives with another party and are generally recognized as a couple. Many states now recognize homosexual as well as heterosexual cohabitation. Other reasons for termination include the recipient becoming self-supporting through employment or receipt of other financial support.
The payor may petition the court to terminate alimony by providing evidence a condition (ex: cohabitation) exists that would automatically terminate support payments. Or, the payor could prove that the continuation of alimony would be a financial hardship or unfair treatment. Proving hardship or unfairness is not easy; the court looks for circumstances that prevent the payor from maintaining a normal standard of living.
Once spousal support is terminated, it cannot be reinstated. If the recipient desires an extension of alimony, he or she must request a modification before the agreement expires. If the payor proves one of the automatic termination conditions, support ceases permanently.
Different States, Different Laws
Spousal support laws vary among states. Most states have cut back on awarding permanent alimony in favor of temporary or rehabilitative spousal support to encourage the recipient to become self-sufficient. Recipients may also get temporary support if they are the principal caregiver of the couple's children.
Michigan, New Hampshire, New Jersey, Oregon, Virginia, and Washington are more likely to grant the recipient life-long support payments. Cases involving long marriages where one partner earned much less than the other are most likely to be awarded permanent alimony.
States may limit or deny spousal support if the recipient was the cause of the breakup. Georgia and North Carolina see adultery, abandonment, and marital misconduct as grounds for limiting or denying alimony. Most states, however, recognize no-fault divorce and do not consider who's to blame when awarding spousal support.
I need to request the courts for a reduced order for child and spousal support that I pay to my ex-husband and I do not know what forms to use. I live is San Diego, California - does your company carry these forms and if so what are they called. My income has dropped by 2/3rds since our settlement.
Hi Melissa, we wish we could help, but our specialty is legal documents, not legal advice, and we currently don't offer the types of forms you may need. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
My ex wife and I divorced five years ago (Michigan). She was granted spousal support for five years ($400/month) which ended in September, 2010 and approximately $35,000 of my retirement. To make up for $400 which ended, she tried to get child support increased by that amount but with the formula used now vs. five years ago, she was only granted a slight increase. Now, she is seeking an extension on spousal support for three more years. The hearing is October 18. Can she get an extension, when in fact, the court order ended, so technically, an extension is not the correct terminology. She only worked briefly after the divorce and has not been employed since. Her unemployment benefits have expired and though attending a community college and working a college work study she has no other income. I will always support my children, even past the age of 18, but supporting her lifestyle when she could easily get a part-time job to make up the difference of a few hundred dollars a month I do not want to do. I am finally able to pay down some of my debt and want to make a persuasive argument. I am going to take pay stubs, copies of my bills, etc. but can you offer any other advice? Five years was enough.
Hi Curt, thank you so much for your inquiry. You raise some really good questions, but our specialty is legal documents, not legal advice. However, we'd be glad to help you find an attorney that may be able to answer these types of questions. Try our attorney referral network: http://attorneyconnect.legalzoom.com.
I live in Boone County, Illinois. I was divorced in Winnebago County, Illinois.
I have been paying child support since January 5, 1999.
My second oldest son with my ex-wife is 18 years old and is graduating from High School May 25, 2011.
Do you have a sample form I can use to petition the court for statutory termination of child support?
Hi Dan, we'd love to help, but unfortunately we do not provide any forms or services for termination of child support. We can help you locate an attorney to assist you in this matter. If you are interested, feel free to check out: http://attorneyconnect.legalzoom.com
I live in Washington State. I am wondering if there is some sort of spousal support "schedule" that I can go by to determine how much of spousal support should be paid (like there is for child support)?
Hi Dawn, thanks so much for your inquiry. We currently do not offer a spousal support schedule, however your county court may have that information on their website. If you are unable to find that information through the courts, we might be able to help connect you with an attorney that can guide in the right direction. Feel free to check out: http://attorneyconnect.legalzoom.com
My ex is ordered to pay what the judge termed a "token" amount of spousal support that the judge said would be greatly increased if I came back to court. I live in Sacramento and the divorce is in San Diego. I am disabled, my only other income is SSI and cannot afford to pay to get to San Diego and rent a motel room while there. He is now on unemployment, but is remarried and his wife earns a very good salary on job 1 plus works a part time job. She has one minor child who lives with them, another daughter who is over 18 and lives at her college. He has been late for 6 months now and will not use "her" income to pay me - he claims each month that EDD has not processed his claims. He has not applied for employment at places he would possibly been hired. He is waiting until UE runs out then will be eligible to begin using his retirement fund. We put more into that fund and none into one for me as his was potentially going to provide a much higher income. I am willing to continue the $300 a month support IF he could be made to pay it every month and ensure it arrives on or before the date it is due. Do I have any options to force that? If I have to go to court to ensure this continues I will then request a higher amount as his income with his wife's less valid expense for the 17 year old daughter is about 5 times what my SSI income is. And I will request a 50% share of his retirement as we were married exactly 26 year and six months. He was also abusive and our "legal court file" includes 3 TROs and the documentation proving abuse. What are my options? I do not wish to make "waves" but his being up to 3 1/2 weeks late costs me late charges for my monthly financial matters and forces me to go without items such as 3 meals a day, a hospital bed needed to support my fractured lower spine, a blood pressure monitor and accurate digital scale to monitor the congestive heart failure I have been in for the past year. I have phone and internet service, gas and lights, rent but no entertainment possibilities nor do I have TV service. Those have become unaffordable due to the irregularity of receiving my income when expected. TY in advance.
Hi Ruth, we are very sorry to hear about this situation. While LegalZoom makes creating legal documents easy and afforadble, we can't give specific legal advice about this situation. Please feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.
Do You have the legal separation forms ....Have mutal agreement on all household items each will keep. No real estate is involved.
Hi Joyce, thanks for contacting us. We can help prepare documents for uncontested divorce, but we unfortunately do not offer legal separation forms. However, you can get free legal advice on a legal separation on LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
hi legalzoom,
i want to file a modification to eliminate or greatly reduce the alimony i pay my ex-spouse. i wonder if u have forms i could use (and examples i could follow. thi swill take place in norfolk county massachusetts. two reasons i want to stress in my modification to th ecourt are my reduced income and hardship in making my alimony oayments since my only income now is a social security disability of $2400 per month of which $950 gors toward alimony. a the time of divorce my salaried income was $7,400 per month. the other reason is that my ex-spouse cohabitates (and has for almost a year now).
if u have examples i can follow and forms i can use i would greatly appreciate it since i want to underscore the 'changes in circumstances' and want to get it right the first time.
thanks legalzoom --- anthony.
Hi Anthony- Thank you for contacting LegalZoom. While we do not have the forms to modify an alimony agreement, we may be able to help you find an attorney who can assist you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Am 61 permanently disabled, married 18 years, raised 3 kids, received 3 years 5 months of minimum SS. Now ex says "he's disabled" and cannot work as a General Contractor. Never worked with the tools last 15 years and runs job sights out of office. Cohabitating with fiance who earns $4,000 per month; I know I have no right to any of her money, but if the courts can reduce or terminate my SS if I was cohabitating, for those reasons, isn't my ex in the same situation? He's, in essence, being taken care of by the higher wage earner? Also, ex put on an OSC to terminate all support from date of Final in 2003, all arrearages, set aside the Abstract, contempt charges and surrneder; every single one he has not complied with. Wrote lie after lie after lie in his moving papers. Do judges read and truy to prove which one is telling the truth? He's carismatic, and quite convincing...help me.
Thank you for contacting LegalZoom. While we make creating legal documents easy and affordable, we can't give specific legal advice. However, we may be able to help you find an attorney who can assist you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Hi I am recently going through a divorce my X eas awarded 1000 a month in child support and 1300 a month in spousal support off my groose income. He has tbe children everyother weekend and thats it. I cannot make.these payments my take home income is less than my groose by a lot so ny children and i are forced to move again into an apartment to be able to pay him. What can i do to get this reduced?? We are defibently not livibg in thr same fashio. As we were oh and he has no job and refuses to obtain one. I am at a loss.
Thanks for contacting LegalZoom. While we make creating legal documents easy and affordable, we unfortunately cannot give specific legal advice on how to reduce your alimony payments. However, we may be able to help you find an attorney who can assist you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
I'm wanting to find out if there is some kind of document that I can use on my own without hiring a lawyer to try and get my ex husband held in contempt of court for not paying me the money he was ordered to pay in our divoce decree. It's been over a year since our divorce was final. The money is owed for his past medical bills and for part of a home equity loan repayment. Any suggestions? Thank you!
Hi Melissa - While we do not offer the document you are seeking, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
If both parties agree to not using alimony will the courts allow a clean separation in California?
Once a non contested divorce is final can the spouse come back & ask for alimony? This is in North Carolina.
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