Most divorces will involve court-ordered support for the less-propertied spouse. Those payments will be in the form of alimony or spousal maintenance.
In some states, more than one type of alimony is possible with any given divorce or legal separation. In other jurisdictions, only spousal maintenance is available, but the amount ordered could satisfy any number of purposes.
What Alimony Factors Will the Court Consider?
With many forms of alimony possible, the type, amount, and duration of which are determined by the facts of the case. Most states have a list of factors for the family law judge to consider with spousal support including:
- Marital misconduct (such as adultery, addiction to drugs or alcohol);
- Recipient-spouse’s financial need;
- Obligor-spouse’s ability to pay;
- Duration of the marriage (less than a year, over ten years, many decades);
- Each spouse’s earning history and earning capacity;
- Each spouse’s educational level;
- Did one party stay home to raise the couple’s children;
- Contribution of a spouse as homemaker;
- The spouses’ ages;
- One or both spouses’ disability or special needs;
- Whether one spouse worked to put the other through university to become a doctor, lawyer, or other professionals;
- What would help the recipient-spouse become financially independent; and
- The standard of living enjoyed during the marriage.
Importantly, most states give their courts broad discretion in the award of alimony. So any other factor the judge deems just and proper, and worthy of consideration under the circumstances, can influence the final amount and how long spousal support will be ordered to continue.
What Is Alimony For?
Taking a glance at the different types of alimony goes a long way toward explaining what alimony is for.
- Alimony in Solido: Sometimes referred to as lump sum alimony, alimony in solido can be used to equalize the division of marital property. For example, one spouse may get the house while the other spouse gets more cash. In the end, the values should equalize absent agreement to the contrary.
- Transitional Alimony: Transitional alimony is awarded in some jurisdictions to help the recipient-spouse make the transition from life as a married person to that of a single person. It may include money to cover moving expenses, furnishings for an apartment, and other similar costs.
- Rehabilitative Alimony: Alimony to rehabilitate a spouse is for college or retraining expenses so that he or she can earn more and become financially independent. Rehabilitative alimony is often awarded to younger spouses who can return to school or receive job training. A retired spouse is less likely to seek or be awarded rehab alimony, however.
- Alimony in Futuro: Also known as periodic alimony, this traditional form of support is intended to be more permanent. Alimony in Futuro will be ordered for a specified time period or will terminate upon a given event, such as the recipient spouse's cohabitation or remarriage.
- Temporary Alimony: Before the divorce is final, the court may issue temporary orders over child custody, child support, and alimony with permanent orders to follow.
- Spousal Maintenance: Although spousal maintenance may put a slightly modern spin on alimony, it is still support paid by one spouse to the other. All of the factors and purposes for alimony listed above could be included in the amount awarded for spousal maintenance.
Judge’s Discretion to Award Alimony
With significant judicial discretion, alimony awards tend to vary substantially from one divorce case to the next. Requests for an award of spousal support in one state may be handled quite differently from that of another. Importantly, the request for alimony or spousal maintenance must be made at the time of the divorce in many states and cannot be sought after the divorce is final.
Whether there will be an award of alimony may not be entirely negotiable, but the amount, purpose, and duration of such support often are. Best to be prepared, then. To find out if court-ordered spousal support will be part of your divorce, start by reading about your state’s alimony law. Then consult with a knowledgeable alimony lawyer who can prepare you for the legal proceedings in your divorce, given both parties’ financial circumstances, respective ages, duration of the marriage, and so on.
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.
