January 26, 2022

When married couples divorce, they often find themselves wading through a complicated financial split as well as a personal split. In some cases, the court will determine that one spouse is entitled to spousal support, which is more commonly known as alimony. Many couples who are new to the process wonder how the amount is determined and how the decision is made.

What is Alimony?

Alimony and spousal support are interchangeable terms that refer to payments made from one spouse to another after filing for divorce. The purpose of alimony is to limit any unfair financial impact to one spouse over another. Many spouses may have slowed their career to support the other spouse, or to raise a family, and the economic impact of divorce can be devastating. Alimony can also be used to maintain the standard of living the couple had during their marriage, and will take the difference in income into account.

How do Alimony and Child Support Differ?

Child support is money paid by one spouse, usually the non-custodial spouse, for expenses specific to raising minor children. Child support is mandated with very specific guidelines and is legally enforceable. Alimony is determined separately from child support.

How is Alimony Determined?

A judge has broad discretion in determining the amount of alimony to be paid, as well as how long the payments will be made. However, most judges will consider the same points, which include the length of the marriage, the couple’s standard of living during the marriage, the ability of each partner to support themselves after divorce, the length of time it would take the recipient to become self-sufficient, and the age and condition of the spouses.

Will the Spousal Support Change at Any Point?

Spousal support is not typically paid forever. In many cases, the intention of spousal support is time for the support receiving spouse to recover from the split financially and be able to support themselves. Some judges will put a termination date in the divorce decree, while others will end in the case of a remarriage for the spouse receiving support. If the paying spouse wants to have the case reviewed prior to the “end date”, they may have to return to court.

What Should Couples Anticipate When Filing for Divorce?

When filing for divorce, be prepared to have your finances looked at deeply, and for more than just splitting assets and debts. In years past, when one spouse was the breadwinner and the other the homemaker, spousal support was a given. But couples have evolved from this traditional set up and finances, and therefore spousal support can be more complicated. When filing for divorce, be prepared to share all the relevant financial information with a judge. This means the current and past salary for both spouses, any time off for education or child rearing, and any other important information.

Your lawyer can help you prepare for what to expect in spousal support when filing for a divorce, but the ultimate decision is up to the judge when reviewing your case. Whether you settle in or out of court, your lawyer is a valuable asset in helping you prepare for the aftermath of filing for divorce and what you can expect financially.

Divorce is never easy, and an experienced family law attorney can be invaluable to your case. If you’re going through a divorce and have questions about spousal support, contact my office today.