Emotional and Financial Aspects of Alimony Payments
Two people divorcing can often come to agreeable terms on child support or division of property sooner than they can agree on alimony payments. Typically, bitterness prevails at having to pay money to a former spouse.
While it is hard to defend a position where one spouse lives better than the other after a marriage, some couples manage to see the fairness when future goals are included in the final decision. Addressing emotional issues and understanding how alimony is determined may couples meet their needs during the mediation process.
Factors That Determine Whether Alimony is Appropriate in a Divorce
The judge during your divorce proceeding will look at
several factors to determine whether you have to pay alimony to your soon-to-be ex-spouse. The final decision is usually based on the following:
- The need of your spouse to receive alimony and your ability to pay
- How long the two of you were married
- Standard of living during the marriage and whether both of you can maintain that standard at a reasonable level
- Earning capacity, education level, employability and vocational skills that you and your spouse possess
- Parental responsibilities
- Physical and emotional health of you and your spouse
- Both of your ages
- How long your spouse has been out of the job market
- Any financial or nonfinancial contributions you both made to the marriage. This includes putting personal careers or educational opportunities on hold.
- Equitable distribution of property and payouts, either directly or indirectly, that is considered reasonable, just and fair
- Length of time it may take for your spouse to receive sufficient education and/or training to find appropriate employment and acquire assets and income
- Investment income for you or your spouse
- Other factors the judge might deem relevant to making a decision
Standard of Living Determination in Alimony Cases
A key term for the court to measure whether alimony is appropriate in your divorce is "the standard of living of the marriage." This law determines if your spouse is entitled to receive alimony and if so, how much you will have to pay.
Generally, this follows the basic principle behind providing financial maintenance to your spouse after a divorce that even though the marriage ends, both of you should continue living as you were during the marriage.
Impact on Post-Divorce Living Standards
If you were the sole breadwinner, it is very likely that you will have to share your income with your spouse. If you do not do this once the divorce is granted, your standard of living would rise considerably. At the same time, your spouse's standard of living would drop.
For some, this could mean having a big house, expensive cars and going on lavish vacations. For others, it could mean a more practical lifestyle of living in a modest house and driving the average car. Vacations would not be extravagant.
Because it can be different for every family, the amount of money you spent while married is what will define what occurs.
What to Expect if Alimony is Awarded in Your Divorce
If you are going through a divorce, alimony payments, also known as maintenance or spousal support, are a steadfast part of the American divorce system. Further, if your earnings are substantially more than your spouse and the two of you have been married for several years, it is a strong possibility that you will be ordered to pay alimony.
However, alimony is not usually awarded if your marriage lasted for a short period of time or if both of you earn similar salaries.
Conditions for Alimony Modification or Termination
If alimony is awarded in your divorce, you will have to pay a specific amount each month. This does not change unless:
- The judge sets an end date
- Your spouse remarries
- Your children no longer need a parent at home full-time
- Death of you or your spouse
If at all possible, you and your spouse should agree to the amount and length of time for alimony payments. With court involvement, it is possible that you will pay more in time and money.
Understanding Spousal Support: Purpose and Duration
One of the most common questions that comes up during a divorce proceeding is about whether one spouse needs to pay alimony to the other. Alimony has more recently become known as spousal support in the court.
If one spouse primarily received an income and the other did not, there's a good chance that the divorce will include alimony payments. With that said, there are a number of factors that affect the amount of alimony that must be paid and the length of time the alimony is paid. It's also essential to understand the purpose of alimony.
What Is the Purpose of Alimony?
If one spouse was the primary breadwinner or the only spouse who worked throughout the marriage, they will likely need to give their ex-spouse alimony payments.
Spousal support payments are designed to ensure that the non-working spouse has financial support following the marriage's termination.
If the marriage only lasted for a short period of time, alimony payments aren't necessary. You also won't need to pay any alimony if you and your spouse both had a similar income.
The Length of Alimony Payments
The amount of time that alimony payment continues will vary widely depending on the circumstances. The judge will take several factors into account.
As a general rule, alimony payment must continue to be paid until the ex-spouse dies or becomes remarried. However, the judge may reconsider the payment plan if there is a change in one or more of the parties' circumstances.
| Circumstances for Modification |
Description |
| Increased Income |
If the former spouse's income becomes higher, the judge may rule that alimony no longer needs to be paid. |
| New Employment |
Similarly, the former spouse getting a new job may be cause for alimony payments to be stopped or reduced. |
| Children Leave Home |
When the former spouse's children leave the house, there may be adjustments to the spousal support payments. |
| Financial Changes |
Any other financial circumstance may require that the judge ends or modifies the alimony payment. |
What if a Spouse Is Unable to or Refuses to Pay Alimony?
A frequent complication of divorce is a spouse who isn't able to make alimony payments. Each state has specific laws about marriage, divorce, and alimony. What happens in this case will vary depending on your specific state's laws.
A working spouse may be ordered to make alimony payments to their former spouse, who does not work. The working spouse decides they are unwilling to pay the agreed-upon alimony amount. In this case, the judge will consider both the non-working spouse's situation and the working spouse's financial standing.
The judge has the option to either modify the existing order or to reinforce the original order. No matter what the circumstances, it's up to the judge to decide the matter.
Should a spouse continue refusing alimony payments after their contest fails, they'll be considered to be in contempt of court. It's possible that they will spend some time in jail.
Alimony on a Temporary Basis
There are certain situations in which alimony is awarded on a temporary basis. This happens when one spouse is financially dependent on the other throughout the divorce proceeding.
Temporary alimony will typically be ordered before the divorce has been finalized. The payments will continue until the finalization of the divorce. This helps the financially dependent spouse to live independently of their spouse without being harmed financially.
When the divorce is finalized, this represents the end of the temporary alimony agreement. The temporary alimony agreement will typically be replaced by a permanent arrangement as part of the final divorce decision.
Full alimony payments won't necessarily be the same as the temporary payments; a spouse may receive higher or lower payments than they did on a temporary basis.
When Alimony Is Important
In many cases, alimony payments are vital to the health and well-being of the financially dependent spouse. This is the case especially if they're a stay-at-home parent.
Stay-at-home parents typically do not have an income, or they have very little income. However, they take on a full-time job taking care of the marriage's children. It's common for stay-at-home parents to be the primary custodial parents following a divorce, since they took on most of the physical child-rearing responsibilities in the marriage.
If a stay-at-home parent doesn't receive adequate financial support from their ex-spouse, they won't be able to continue this role. Child support payments are enough to fulfill financial obligation to a child, but not to support a spouse.
A parent shouldn't have to choose between financial stability or their children
Key Factors in Determining Alimony Payments
If you are contemplating a divorce, one of the issues that you may need to consider is whether or not you will be paying alimony to your former spouse. While you won't know for sure if spousal support will be required until the case is settled, there are several factors that may determine the likelihood of paying alimony in a divorce.
Who Makes More Money?
Generally, the person who pays support is the person who made more money during the marriage. However, if your former spouse is able to get a job or has other means of income after the divorce, spousal support may be limited or nonexistent.
In some cases, a judge may order support for a few months after the case is settled to allow the other spouse time to go to school or find a job to help support him or herself.
How Long Did the Marriage Last?
The length of the marriage may play a role in whether or not spousal support will be owed. If a marriage lasts for more than 30 years or either party is over 65, support may be ordered on a permanent basis.
Marriages that last less than a year may dissolve with neither party owing support to the other due to the brevity of the union.
Is There a Prenuptial Agreement?
A prenuptial agreement is a customized marriage contract that both parties sign before the marriage becomes official. It generally resolves spousal support issues without the need to spend money on a lawyer or take up a judge's time.
It is critical that the agreement is deemed to be valid or it may be thrown out and replaced either with a new negotiated pact or one that is based on state law. Prenuptial agreements may be deemed invalid if they are signed the night before the wedding or if they have terms that cannot be enforced by existing contract law.
Is Your Former Spouse With Someone Else?
If your former spouse decides to live with or get married to someone else, you may not have to pay support anymore. While this can help with your own finances, proving that someone is receiving support may be difficult.
When your former spouse gets married, there will be a marriage certificate that you can show to the court. However, if your former spouse is merely cohabiting with a girlfriend or boyfriend, it may take a private investigator to find evidence that this is the case.
Typically, a video of the old spouse's car staying overnight at another home or copies of shared expenses are needed to prove cohabiting and end support payments.
Final Considerations for Alimony Decisions
It may be possible that you have to pay alimony to your spouse after a divorce. However, there is no guarantee that this will or won't be the case in your divorce settlement.
Even if you do make more money than your spouse or no prenuptial agreement is in place, either party can decide to waive their right to these payments for any reason in an effort to end the case.
If you need more information, speak to one of our NYC divorce lawyers today.
Comprehensive Guide to Alimony Laws and Regulations
One of the most common questions that comes up during a divorce proceeding is about whether one spouse needs to pay alimony to the other. Alimony has more recently become known as spousal support in the court.
If one spouse primarily received an income and the other did not, there's a good chance that the divorce will include alimony payments. With that said, there are a number of factors that affect the amount of alimony that must be paid and the length of time the alimony is paid. It's also essential to understand the purpose of alimony.
What Is the Purpose of Alimony? Legal Framework Explained
If one spouse was the primary breadwinner or the only spouse who worked throughout the marriage, they will likely need to give their ex-spouse alimony payments.
Spousal support payments are designed to ensure that the non-working spouse has financial support following the marriage's termination.
If the marriage only lasted for a short period of time, alimony payments aren't necessary. You also won't need to pay any alimony if you and your spouse both had a similar income.
The Length of Alimony Payments - Duration Guidelines
The amount of time that alimony payment continues will vary widely depending on the circumstances. The judge will take several factors into account.
As a general rule, alimony payment must continue to be paid until the ex-spouse dies or becomes remarried. However, the judge may reconsider the payment plan if there is a change in one or more of the parties' circumstances.
If the former spouse's income becomes higher, the judge may rule that alimony no longer needs to be paid. Similarly, the former spouse getting a new job may be cause for alimony payments to be stopped or reduced.
When the former spouse's children leave the house, there may be adjustments to the spousal support payments. Any other financial circumstance may require that the judge ends or modifies the alimony payment.
What if a Spouse Is Unable to or Refuses to Pay Alimony? Legal Consequences
A frequent complication of divorce is a spouse who isn't able to make alimony payments.
Each state has specific laws about marriage, divorce, and alimony. What happens in this case will vary depending on your specific state's laws.
A working spouse may be ordered to make alimony payments to their former spouse, who does not work. The working spouse decides they are unwilling to pay the agreed-upon alimony amount. In this case, the judge will consider both the non-working spouse's situation and the working spouse's financial standing.
The judge has the option to either modify the existing order or to reinforce the original order. No matter what the circumstances, it's up to the judge to decide the matter.
Should a spouse continue refusing alimony payments after their contest fails, they'll be considered to be in contempt of court. It's possible that they will spend some time in jail.
Alimony on a Temporary Basis - Interim Support
There are certain situations in which alimony is awarded on a temporary basis. This happens when one spouse is financially dependent on the other throughout the divorce proceeding.
Temporary alimony will typically be ordered before the divorce has been finalized. The payments will continue until the finalization of the divorce. This helps the financially dependent spouse to live independently of their spouse without being harmed financially.
When the divorce is finalized, this represents the end of the temporary alimony agreement. The temporary alimony agreement will typically be replaced by a permanent arrangement as part of the final divorce decision.
Full alimony payments won't necessarily be the same as the temporary payments; a spouse may receive higher or lower payments than they did on a temporary basis.
When Alimony Is Important - Stay-at-Home Parent Considerations
In many cases, alimony payments are vital to the health and well-being of the financially dependent spouse. This is the case especially if they're a stay-at-home parent.
Stay-at-home parents typically do not have an income, or they have very little income. However, they take on a full-time job taking care of the marriage's children. It's common for stay-at-home parents to be the primary custodial parents following a divorce, since they took on most of the physical child-rearing responsibilities in the marriage.
If a stay-at-home parent doesn't receive adequate financial support from their ex-spouse, they won't be able to continue this role. Child support payments are enough to fulfill financial obligation to a child, but not to support a spouse.
