Are you wondering how many types of alimony could be awarded in your divorce or legal separation? Many states refer to alimony as “spousal support” (Alaska) or “spousal maintenance” (Arizona). Don’t be thrown off by the different titles, the purposes of such payments are very similar from one state to the next.
Generally, we think of alimony as money paid by one spouse or former spouse to the other; it’s a court-ordered method of providing financial assistance. That’s pretty simple so far. The challenge lies in determining what the recipient spouse’s financial support needs are now and what they are expected to be in the future. When discussing alimony with the client, a divorce lawyer will consider several possibilities:
- Should the spouse receive sufficient funds to continue the lifestyle to which she was accustomed during the marriage?
- Should the spouse receive only enough to sustain him for a time?
- Is a spouse’s marital fault a consideration in the award of alimony?
- What is the likelihood that the spouse will be self-sufficient after the divorce or legal separation?
- Does the spouse need help with educational or vocational costs?
- Should the spouse receive assistance to help with relocation expenses?
- Will alimony be necessary to equalize the property settlement in the divorce?
Then it’s a matter of deciding which type of alimony is best suited to address those financial objectives and maintenance needs.
Look to Your State’s Laws for Different Types of Alimony
You need to know what spousal support is available in your jurisdiction. For some states, only one form of alimony is possible, but it may be for many purposes – from maintenance to educational rehabilitation. In other states, different types of alimony are stacked – so much money for rehabilitation, so much money for periodic alimony. In a Tennessee divorce, an award of rehab alimony eliminates the availability of transitional alimony – the recipient spouse may get one or the other, but not both.
These are the most common forms of alimony:
- Rehabilitative
- In Solido
- Lump-sum
- In Futuro
- Transitional
- Periodic
- Reimbursement
- Separate maintenance and support
- Permanent
- Temporary
The types of alimony awarded in a divorce or legal separation don’t depend entirely upon the needs of the recipient. How much alimony should be ordered also depends upon the obligor’s ability to pay!
To find out more about alimony, do some research on your own. Read everything you can about spousal support. Visit your state court’s website to learn about the process. Arrange to meet with a good divorce lawyer so you can discuss the possibility of alimony given your circumstances.
Natalie Mathews is a family law and divorce attorney working in Stewart Law Group’s Phoenix office. The firm has helped many clients navigate the legal complexities of divorce, child custody, spousal support, property division, parental visitation, and child relocation disputes.
