Will I Receive Alimony or Spousal Support After My Divorce?

One of the common questions that people going through a divorce ask is whether they can get alimony payments. Courts do award alimony or spousal support in some divorces, but not all.

Either spouse in a divorce proceeding can petition the court for alimony, but whether the judge grants it depends on multiple factors. Not every alimony award is the same, and some only last for a set number of years or under certain circumstances.

For legal advice specific to your situation, contact an experienced divorce lawyer.

What Is Alimony?

Alimony is financial support payments from one spouse to another after a divorce. Courts generally require child support from one parent to another, but alimony is not required.

Courts grant alimony on a case-by-case basis. If the court does award alimony in a divorce case, it will specify the amount, duration, and circumstances for continued payment.

Get the Right Divorce Guidance

The Super Lawyers directory contains the top divorce attorneys in your area. They can guide you through this process and safeguard your rights and interests.

Find a lawyer today

Types of Alimony Awards

There are several possible kinds of alimony in a divorce:

1. Periodic Alimony

This is an ongoing alimony award that ends when the receiving spouse remarries, moves in with a new romantic partner, or dies.

Periodic alimony is appropriate when the judge sees a current financial need but wants to leave the door open to modifying the award in the future.

2. Lump-Sum Alimony

Lump-sum alimony is when the court orders one spouse to make a single payment of alimony to the other spouse.

A lump-sum award may be paid in installments, depending on financial circumstances. The critical thing is that it represents a non-modifiable, finite award that cannot be modified later.

3. Rehabilitative Alimony

Like lump-sum alimony, rehabilitative alimony is an award of a finite sum paid either upfront or in installments. But, like periodic alimony, a rehabilitative award will terminate upon the receiving spouse’s remarriage, cohabitation with a new partner, or death.

As the name suggests, this type of alimony provides for the rehabilitation of the supported spouse, that is, to enable the spouse to complete job training before reentering the workforce.

4. Reimbursement Alimony

This is similar to rehabilitative alimony, but is to reimburse the supported spouse from the future earnings of the paying spouse based on the events or circumstances during their marriage.

5. Separate Maintenance and Support

This refers to temporary spousal support awarded when the parties separate and live apart but are not yet divorced. A separate maintenance award ends when the divorce becomes final or the receiving spouse remarries or cohabitates with someone else.

Calculating the Amount of Alimony

There’s no single formula judges use to determine the exact amount of spousal support payments. Instead, courts consider a number of relevant factors, including:

• The length of the marriage and the ages of the parties
• Each spouse’s physical and mental condition
• The education level of each spouse, as well as each spouse’s possible need for additional training to reenter the workforce
• The standard of living established by the parties during their marriage
• The “current and reasonably anticipated” earning capacity and expenses of each spouse
• The relative assets owned by each spouse, taking into account any division of marital property
• Custody of any minor children, particularly of a spouse who is not in a position to seek employment outside the home
• Any “misconduct” or “fault” on the part of either spouse that contributed to the breakdown of the marriage

Find Legal Help

There is no single definitive factor when it comes to establishing the duration or amount of an alimony award. That is why it is best to speak with an experienced divorce attorney regarding the specific facts of your case.