What Is Permanent Alimony For a Mother After Divorce

Although it happens only rarely, courts continue to have the authority and discretion to award permanent alimony in divorce cases. An award of permanent alimony is paid by one spouse for the support and maintenance of the other spouse after the divorce is finalized. Generally, permanent alimony continues until:

Either party dies;
The recipient spouse remarries; or
Until the date specified in the divorce decree for the alimony payments to terminate.

Under What Circumstances Will a Court Award Permanent Alimony?

The alimony laws in some states authorize judges to only grant permanent alimony if the spouses agreed to it in a prenuptial or post-nuptial agreement. In other states, permanent alimony may be awarded only under very limited circumstances. In these states, a court is permitted to award alimony only if certain requirements have been met. Generally, courts may consider a number of factors in deciding whether permanent alimony should be awarded, including, but not limited to:

Length of the marriage;
Age and health of both spouses;
Earning capacity of each spouse;
One spouse’s contribution as a homemaker;
Contribution by one spouse to the education and earning capacity of the other spouse; and
How property and debt is being divided in the divorce.

If the parties have not been married very long or if they have equal or similar earning capacity, it is unlikely that an award of permanent alimony will be made. However, in some states, if the paying spouse has been convicted of family violence, permanent alimony may be awarded even if the spouses have been married a short time or have similar incomes.

Can an Award of Permanent Alimony Ever Be Modified?

Courts will modify a permanent alimony award if there has been a substantial change in circumstances. If a prenuptial agreement or a post-nuptial agreement specifies the circumstances under which alimony can be modified, the court will modify alimony only if one or more of the agreed upon circumstances is present. Typically, a prenuptial or post-nuptial agreement will specify that the occurrence of any of the following events warrant a modification of permanent alimony:

A significant increase in salary or income;
A significant decrease in salary or income
Receipt of an inheritance;
Retirement;
Job loss; or
Winning the lottery.

Getting Legal Help

Because permanent alimony laws vary from jurisdiction to jurisdiction, you should speak to a qualified divorce attorney in your state. An experienced divorce attorney will review your situation and the facts of your case and advise you of whether you qualify to receive permanent alimony under the laws of your state.

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