Alimony Laws
Alimony, also known as spousal support or spousal maintenance is extended after divorce, upon court’s order, by the spouse with a higher income for the spouse with less or no income.
Aim of alimony law is to provide the dependent spouse with financial help so that s/he can carry on with the activities of life after divorce.
Criteria for determining the type of alimony, along with the extent and need of spousal support or maintenance, vary from the alimony laws of state to state and situation per se.
Types of Alimony (according to alimony laws)
Alimony Law has classed alimony into:
- Temporary Alimony/Spousal Support
- Permanent Alimony/Spousal Support
- Lump Sum Alimony/ Spousal Support
- Rehabilitative Alimony/ Spousal Support
Temporary Alimony:
Also known as pendente lite, temporary alimony is offered for short specific period to support the spouse through the period of litigation or till such time that the spouse is financially self-supportive. According to he alimony law, the period of temporary alimony may vary from one to two years.
Permanent Alimony:
According to the alimony laws permanent alimony/spousal support is awarded by courts decision for extended period and terminates at the time of death of either spouse or remarriage of the recipient. Some states’ alimony law takes cohabitation into consideration. Permanent alimony, in some states, may end if the recipient cohabits.
Grant of permanent alimony is rare. Alimony law and court may award permanent alimony in case where spouse has no actual resource for employment or the marriage has prolonged for a longer period of time. Permanent Alimony laws may vary from state to state.
Lump Sum Alimony:
Alimony in gross or lump sum spousal support paid in one single payment is termed as lump sum alimony according to the alimony laws. Regardless of circumstances i.e.: Lump sum alimony is paid even if the recipient spouse remarries or cohabits. In case of death of recipient spouse, alimony law requires payment of lump sum alimony to deceased’s estate.
Rehabilitative Alimony:
This type of spousal support is the most commonly granted alimony. Rehabilitative Alimony is the clause of alimony law, which is generally awarded to support the younger spouse for education or acquiring skills necessary till the time s/he can start earning.
Alimony Law also considers following factors while granting alimony, though these factors may differ among states. For detailed and expert advice, consult a divorce attorney (divorce lawyer) in your state.
- Age of spouses and period of their marriage
- Earning capacity of spouses
- Extent of dependency of the spouse
- Medical conditions of both the spouses
- Effect of child support and custody on income of the spouse
- Career development expenses of spouses