Types of Spousal Support

Deciding to separate from your married partner is no easy decision. While people tend to focus on the emotional aspects of divorce, there are many tasks that also come with it. Both individuals rarely earn the same exact income, leading to one person contributing more financially than the other. When divorcing, this difference in income can result in the need for spousal support. Family courts aim to ease the transition by awarding financial support to the former spouse.

A divorce lawyer can help separating spouses understand the types of spousal support and how likely it is to be awarded. Determining spousal support is a complex process influenced by legal frameworks and personal circumstances.

Permanent Spousal Support

A court is more likely to award permanent spousal support when a marriage lasts more than 10 years.

The longer length of the marriage makes it harder for the dependent spouse to re-enter the workforce. Courts assess whether permanent spousal support is appropriate based on the receiving spouse’s needs and the paying spouse’s ability to pay.

Permanent Spousal Support May Not Actually Be Permanent

In some states, permanent spousal support isn’t really permanent. Many states try to avoid awarding permanent alimony, even in long-term marriages. Courts tend to favor the encouragement of rehabilitation over lifelong support. Permanent support is more likely when the supported spouse is disabled or has a long-term medical condition.

Most states have conditions that allow permanent spousal support to be terminated. If the receiving spouse remarries, permanent spousal support typically ends automatically. Support may also terminate if a court finds that the receiving spouse no longer needs it or the paying spouse demonstrates an inability to continue payments. Permanent spousal support may be modified or terminated if the paying spouse retires, loses their job, or experiences a substantial change in financial circumstances.

Suzanne Griffith is a family law attorney in Lone Tree, Colorado with 40 years of experience representing families. She highlights an additional aspect of permanent spousal support that many couples don’t consider. “A lot of people who are getting divorced now are baby boomers or older people. And so they may have a long marriage, but you are hitting up against retirement age. That was 66.5 years old, but it’s now up to 67. So, a 58-year-old divorcing woman may be entitled to long-term maintenance, but her husband is 60. He’s only got 7 years to go. The reality is she’s not getting long-term maintenance.”

Temporary Spousal Support

Sometimes, a former spouse needs temporary alimony, sometimes called “pendente lite.” It is short-term support for the lower-earning spouse to help them maintain their standard of living during the divorce proceedings.

Temporary support is typically awarded at the beginning of the divorce process. One spouse will petition the court with their support request, and the court will evaluate the need for the request and the other spouse’s ability to pay. The support is not permanent. The purpose of the support is to pay living expenses like rent or mortgage, childcare, or immediate medical care.

It is expected that any future or ongoing support will be agreed upon in the final divorce agreement. The majority of states will follow a set statutory formula, typically outlined in the Domestic Relations Law. Many states also place a cap on the total amount of temporary support awarded.

Rehabilitative Alimony

After a divorce, a lower-earning or non-earning spouse may need financial support while working towards self-sufficiency. Rehabilitative alimony provides support payments to assist with this process. The supporting spouse will make temporary payments for a pre-determined amount of time based on the court’s ruling.

Courts consider several factors when deciding whether or not to award rehabilitative alimony, such as:

• The duration of the marriage
• Work experience
• Job skills

Longer marriages can support the need for support for a longer period. A spouse who previously held a high-paying position but has been out of the workforce for years may need short-term support to update their credentials or skills. In contrast, a spouse with little or no recent work experience may require more time and financial assistance to re-enter the job market.

If job skills are outdated or insufficient, rehabilitative alimony may be awarded to help the spouse gain the necessary qualifications. A dependent spouse may need support to complete a nursing degree, attend technical training for IT certification, or update their skills in a rapidly evolving field like marketing or finance. If the spouse already has skills that are in demand, the duration of support may be shorter.

Reimbursement Alimony

The purpose of reimbursement alimony is to provide financial compensation from one former spouse to the other. This type of alimony is typically awarded when one spouse has significantly financially contributed to the other spouse’s education or career development.

In long-term marriages, this investment in the other partner is mutually beneficial, with both spouses enjoying the benefits of education or career growth. Another common occurrence is when one spouse sacrifices their own career development or advancement for the other’s career. The goal is to balance the financial imbalance that can result from one person’s sacrifice and the other’s benefit.

Courts evaluate the benefit gained by the spouse who received the education or career advancement, including their current earning potential or career success that resulted from the supporting spouse’s sacrifices. The longer the supporting spouse helped their partner financially without compensation, the more likely reimbursement alimony will be awarded.

Lump-Sum Alimony

Sometimes, alimony is a single, one-time payment or a limited number of agreed-upon limited installments.

An installment payment plan lasts for a limited period of time, unlike ongoing alimony, which requires ongoing periodic payments for months or years. This option isn’t always available because the paying spouse would need to have the financial resources to make such a large one-time payment. The advantage of this type of alimony is that it creates a clean break for both parties. It also eliminates the insecurity of potential future changes in the payor spouses’ financial situations that could hinder the ability to continue making payments.

Griffiths explains that while lump-sum alimony is a legal possibility, it tends not to be a practical option in real-life circumstances. “People don’t always save that much. The reality is that you have 7 or 6 years to go [until retirement], and they haven’t saved enough to provide for a very long-term retirement. Americans do not save enough.”

Determining Factors for Awarding Alimony

Spousal support or alimony is not awarded in every divorce. The most important factor in determining whether alimony is awarded is the length of the marriage.

Length of Marriage

Longer marriages typically result in higher chances of alimony, especially if one spouse has relied financially on the other for many years.

In marriages that are less than five years in length, alimony is less likely to be awarded or may be limited to rehabilitative support that helps the receiving spouse become financially independent. Marriages that last between five and ten years are more likely to have temporary or rehabilitative alimony awarded.

Marriages that last over 15 years are the most likely to have permanent alimony awarded. However, this general guide can vary significantly from state to state. Marriages lasting at least ten years in California often have indefinite alimony awarded. In contrast, marriages that last over 17 years are considered long-term marriages likely to have permanent alimony awarded.

Each Spouse’s Earning Potential

The court considers each spouse’s earning potential. This helps the court determine whether one of the spouses will struggle to maintain their standard of living after divorce.

If one spouse has significantly higher earning potential or earning capacity than the other, they are more likely to be ordered to pay alimony to help maintain the receiving spouse’s standard of living. If the receiving spouse is unable to support themselves due to a lack of job skills, health issues, or time spent out of the workforce (such as raising children), the court may award alimony to help them become self-sufficient over time.

Standard of Living During the Marriage

How the married couple lived during the marriage will influence the standard of living the court will use when evaluating the spouses. If one spouse enjoyed a luxurious standard of living during the marriage, the court may award alimony to allow that spouse to continue enjoying a similar lifestyle, particularly if they have limited means to do so on their own.

The court will also consider whether it is reasonable to maintain the same standard of living post-divorce. It may not be possible for the receiving spouse to live exactly as they did during the marriage, but alimony may be adjusted to help them maintain a reasonable lifestyle.

Each Spouse’s Ability To Support Themselves

The court considers each individual’s ability to support themselves. This includes education, previous work experience, marketable skills, and potential physical or emotional barriers. The goal is often to encourage the receiving spouse to become financially independent, particularly when it is realistic to expect them to do so.

Finally, child support could impact alimony awarded if the divorcing couple has children. If the paying spouse is responsible for significant child support payments, this can reduce the amount of alimony they must pay. The court will balance the need to support children and spouses without overwhelming the payor. In many cases, child support takes precedence over alimony, meaning that the paying spouse must first meet their child support obligations before being required to pay spousal support.

Legal Process and Considerations

Spousal support is typically determined within the context of the divorce case. The divorce process allows the court to assess the financial circumstances of both spouses and determine whether alimony is warranted.

Once alimony has been determined, the court is responsible for issuing a legally binding support order. If the divorcing spouses cannot agree on the terms of spousal support, the court decides based on the relevant laws and evidence presented. Each state has its own laws and guidelines that the court applies when determining alimony. Courts often follow state guidelines but have discretion to make adjustments based on specific circumstances.

Find Legal Advice

Visit the Super Lawyers directory to begin your search for an experienced family law attorney.