Spousal Support After Divorce
Spousal Support After Divorce

Alimony is money that one spouse pays to the other following a divorce.  Alimony may also be called spousal support or spousal maintenance.  Alimony is not an automatic right and judges are not required to order it. Whether you receive or pay alimony depends on your situation and the Court’s rules.

Most people think that alimony is only awarded to women, but men may also receive it. For example, a man who stayed home to care for a child while his wife worked can be granted alimony.

Alimony Payments

The judge hearing your divorce case typically will consider your income and bills before ordering you to pay alimony. It might not be ordered at all if you cannot afford to pay. The judge understands that you need enough money to support yourself.   However, if you are ordered to pay alimony and do not, you can face a jail sentence.  A judge can also deduct money directly from your bank account or paycheck to pay delinquent alimony.

Alimony and Spousal Support

Judges may award alimony for different reasons. You might be granted alimony if you were dependent on your spouse during your marriage. By ordering your former spouse to pay alimony, the judge is giving you time to get a job or develop new skills so you can support yourself. The likelihood that you'll be granted alimony is greater if you are older and were married a long time.

Alimony Calculations

Generally, a judge considers your marital lifestyle when ordering alimony. For example, if you are a homemaker, alimony can help you stay in your home while you attend college. Judges try to help spouses who earn less money maintain their standard of living while making financial adjustment to single life. The judge can modify your alimony if your life circumstances change. For instance, if you remarry, your alimony payments might be reduced or terminated.

Lump Sum Alimony

Alimony is usually ordered for a set amount of time, such as $1,000 a month for three years. A judge may also order a one-time alimony payment. If you worked to pay for your husband's medical school tuition, for example, the judge might order your husband to reimburse you in one lump sum. Spouses may also agree to a lump sum settlement instead of alimony payments spread over time.

A Divorce Lawyer Can Help

The laws surrounding divorce and spousal support can be complicated. Plus, the facts of each case are unique.  For more detailed, specific information, please contact a divorce attorney.

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