Divorce and Spousal Support: How Does it Work?

State laws govern who is entitled to receive alimony and whether or not they are eligible for support. During divorce spousal support is paid based upon a number of factors, the primary one being the length of the marriage. The court will also take into consideration the earning ability of the spouse who may be ordered to pay support.

The Various Types of Alimony

When the court determines how much alimony will be given, they take into consideration a number of different factors, such as:

The financial need of the party requesting support
The financial ability of the party to pay alimony to their spouse
The standard of living both parties enjoyed during their marriage
The age and physical health of each party
What the earning capacity is of both spouses
The expenses required to obtain education or acquire new skills to re-enter the job market if one spouse has been unemployed for a specific length of time
Any income available to the parties through investments
Parental responsibilities regarding the children

The various types of alimony may include the following, depending upon the laws in each state:

Temporary Alimony or Pendente Lite - This type of spousal support is awarded when the parties have separated but have not obtained a final divorce decree. The family court may order one spouse to pay the other temporary support in order to maintain the lifestyle they were accustomed to before the split. If granted, this support will last until the couple’s divorce is finalized.

Rehabilitative Alimony - When one party has worked to put their spouse through school, they may be eligible for reimbursement spousal support to pay back the money they spent towards the future career of the other spouse. Rehabilitative alimony does not terminate upon the remarriage of the recipient. These payments can be made to the recipient in one lump sum or over a period of time.

Reimbursement Alimony - This type of alimony is awarded for a short duration of time and is primarily for spouses who need to obtain education or training. When one spouse has stayed home with the kids while putting their career on hold, they may need to obtain new job skills in order to enter the workforce again. Both parties can agree upon how long this will last or the court can mandate a specific length of time.

Permanent Alimony - Alimony may be ordered until either spouse dies or the recipient gets remarried. The recipient can request the paying spouse to obtain life insurance equal to the estimated amount of alimony to be paid, thus ensuring the he or she receives all of the alimony they are due. The amount can be adjusted if the spouse paying the support has a change in their financial circumstances. If the recipient suffers a financial setback of their own, they may petition the court to order a higher level of support.

Obtaining Legal Advice From a Family Law Attorney

When a couple commences the divorce process, there may be unresolved issues or points of contention. Sometimes one spouse will try to avoid paying as little alimony as possible. Since the laws differ in each state, it is wise to get legal advice from a family law attorney in your jurisdiction who is familiar with the laws and can go to bat for you.

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