Alimony

What is alimony?

Often referred to as spousal support, alimony is a divorce settlement awarded by the court. If awarded, the higher-earning spouse will have to pay the lower-earning spouse money each month for a period of time specified by the court in the divorce settlement. Courts award alimony if they determine that the lower-earning spouse cannot reasonably support themselves in the manner that they’re accustomed to with their earnings alone.

The court will determine if temporary alimony or permanent alimony is most appropriate based on the circumstances of the divorce and the finances each spouse has.

The length of time a person must pay alimony to their former spouse is often based on the following factors:

• The length of the marriage
• The earning potential of the former spouse
• Ongoing health conditions and medical needs
• The lifestyle they’ve become accustomed to
• The ability of the higher-earning spouse to pay alimony
• The financial resources available after the divorce
• Contributions to the marriage
• Other need-based considerations

Alimony payments must be made on time according to the divorce settlement. Missing payments can result in wage garnishments and other financial consequences.

FAQ

How long do most people pay alimony?

Most temporary alimony payments last for half of the length of the marriage. If couples were married for more than 10 years, the court may award permanent alimony. With permanent alimony, the lesser-earning former spouse will receive payments indefinitely or until their financial situation or marital situation changes. Alimony payments can also be reduced or eliminated with a court order.

How much is the average alimony payment?

The average alimony spousal support payment is roughly 40% of the higher-earning individual’s income. Alimony amounts may be higher or lower based on the court’s assessment of the individuals’ finances and their ability to support themselves.

Do all higher-earning former spouses have to pay alimony?

Not necessarily. The court will consider each individual’s ability to earn when determining if alimony is a valid option. If the lower-earning spouse has additional financial support or resources available, the court may decide that alimony isn’t necessary.

Is alimony the same as child support?

No. Child support payments go toward the costs associated with raising children from a marriage. Alimony payments go toward helping a former spouse cover their expenses and maintain their standard of living. Courts can award both types of financial support to the lower-earning former spouse if they’re also raising their former spouse’s children.