The divorce process can be an emotionally charged and challenging experience. There’s often a lot to settle, and alimony can be a top concern for both parties.
Although each state has different protocols to decide how much—if any—spousal support to award, it can help to understand the basics of alimony. For example, while it doesn’t matter whether you or your wife filed for the divorce, how much you both earn does matter.
This article will break down the key things about alimony. We’ll first explain what spousal support is, how the courts determine it and how long it can last. Then we’ll dive into the different types of alimony as well as two common questions: Do I have to pay alimony if my wife works? And, if my wife filed for a divorce, can she get alimony?
What is alimony?
Alimony is a type of spousal support that one spouse pays to the other. The court awards alimony to a spouse it believes needs assistance with:
- Transitioning from a married to a single household
- Maintaining their marital standard of living after divorce (this is beneficial when there’s a significant gap between the two spouses’ earnings)
Alimony helps the receiving spouse find their bearings and re-establish themselves after the marriage ends. It also prevents a spouse with limited income from becoming dependent on public resources.
What are the different types of alimony?
The types of alimony available depend on the state law. Common types of alimony include:
- Temporary alimony
- Lump-sum alimony
- Rehabilitative alimony
- Permanent alimony
Temporary alimony
Temporary alimony or spousal support helps a spouse financially transition from married life to single life. The idea is that the party needs a little assistance to support themselves and find their bearings after living in the marital home. They may need time to find a new job and place to live, among other things.
Temporary alimony typically lasts only until the divorce is final. At that point, the court may terminate alimony altogether or it may order another form of alimony going forward.
Lump-sum alimony
As the name suggests, in a lump-sum alimony arrangement, the paying spouse pays the other spouse the entire alimony obligation in one installment rather than making regular, smaller payments to them. Typically, the receiving spouse gets this payment immediately upon divorce.
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Rehabilitative alimony
Rehabilitative alimony aims to help one spouse become economically independent after the divorce. It may be appropriate if one spouse was the breadwinner and the other earned significantly less or stayed home and raised the children during the marriage.
Rehabilitative alimony is most common in medium-length marriages where the receiving spouse is young enough to start a career. It typically lasts only a few years.
Permanent alimony
Permanent alimony provides ongoing assistance to one spouse who depends on the other for financial support. It’s more common in longer marriages.
Despite its name, permanent alimony doesn’t always continue indefinitely. Many states limit how long it can last. Different states use different formulas, but this time limit typically depends on the length of the marriage. Usually alimony is limited to a period of time equal to somewhere between one-half the length of the marriage to the full length of the marriage. But some states permit alimony to continue indefinitely for marriages over a certain length (commonly 20 years).
Permanent alimony generally terminates altogether if the receiving spouse remarries or begins living with a partner.
How does the court calculate alimony payments?
Each court has its own method of calculating alimony payments. Many states follow standard formulas, which require the courts to look at the expenses and standard of living the parties enjoyed during the marriage. The court may compare this to the individual means and assets of each party.
The court may award one spouse a percentage of the other spouse’s income, or it may specify a dollar amount they must pay monthly or all at once.
Factors that the court may consider when determining whether a spouse should receive support and how much include:
- The duration of the marriage
- Each spouse’s contributions to the marriage
- Which spouse was the primary breadwinner
- The standard of living during the marriage
- Each spouse’s financial needs
- Each spouse’s ability to pay alimony
- Each spouse’s educational and professional achievements
- The assets each spouse owns
Do I have to pay alimony if my wife works?
A spouse who works doesn’t automatically need to pay a non-working spouse alimony. At the same time, if both parties work, it doesn’t necessarily mean the lower-earning spouse can’t receive spousal support. Every divorce is different, and courts weigh many factors to determine alimony payments.
If my wife filed for a divorce, can she get alimony?
When it comes to assessing alimony, it doesn’t matter who filed for divorce. Alimony is typically not intended to reward or punish either spouse. Its purpose is to allow both spouses to continue to enjoy—as closely as possible—the standard of living they had during the marriage and to prevent either spouse from becoming destitute.
How does child custody affect alimony?
Typically the parent who has physical custody of any children receives child support from the other parent. This support can reduce the amount of alimony they receive.
When a court calculates the receiving spouse’s need for alimony, they consider that party’s monthly expenses and their ability to meet those expenses through their income. The court typically considers child support to be income. As a result, the court often orders less alimony for a spouse receiving child support than it would if that spouse didn’t have custody of the children and wasn’t receiving child support.
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How long does alimony last?
Each state has different rules for how long alimony lasts. For example, many states terminate alimony when the person receiving alimony moves in with a partner or remarries. Or if either spouse dies, the paying spouse (or their estate) typically no longer needs to pay alimony.
The court may also provide a definite end date for the alimony payments as part of the divorce decree. For example, the court may require one spouse to pay alimony to the other for a certain number of months, representing a percentage of the duration of the marriage.
Further, states typically allow the parties to petition the court to amend or terminate alimony payments if there’s a substantial change in circumstances. For example, the paying spouse may lose their job or experience a significant reduction in salary. Or the spouse receiving alimony may find a lucrative job, meaning they don’t need the alimony payments to support themselves anymore.
Can alimony payments change?
Either party typically can petition the court to amend alimony payments if there’s a substantial change in circumstances for either person. Each state has rules about what qualifies as a substantial change, but in most cases, it’s when something happens that impacts a spouse’s ability to pay or need to receive alimony.
For example, if the spouse paying alimony loses their job, they may ask the court to lower or suspend their alimony payments until they get a new job. Likewise, if the spouse receiving alimony gets a pay raise and no longer needs the money, the other party may ask the court to end alimony payments.
When to speak with an attorney
Spousal support is a way to help one spouse become financially independent after divorce. But determining who should pay alimony and how much can be confusing and contentious.
An experienced divorce attorney can help you understand your legal rights and what an alimony award might look like in your case. If you’re uncertain how to pursue spousal support or you’re concerned that your spouse may seek alimony, a lawyer can help you build your case and, if necessary, present it in court.
An attorney can also help if circumstances have changed significantly and you want to try to modify the terms of your divorce.
