Alimony Meaning

Alimony is court-ordered financial support given to a spouse in case of divorce or separation and is given to the spouse with a lower level of income or no income at all. Both Husband and wife can ask for alimony as per law. Generally, a wife might have given up a career to raise children and can be financially disadvantaged. As per law, a divorced spouse has the right to live an equal quality of life when married.

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Explanation

The payment period depends on the years the marriage lasted and current or future potential income for both spouses. Many factors come in, which might be different for every state; if the couple gets divorced after ten years, the spouse with lower earnings will likely receive alimony.

It is offered for a certain period per the court’s decision, or if a former spouse gets remarried, children are not required to live in their parents’ home, retirement, or death, or if courts agree that the recipient is not making efforts to be self-sufficient.

Factors, Calculation, and Eligibility

  • Length of your marriage as per state of the law: Generally, the marriage lasts for a more extended period and is considered for alimony payments to the spouse. Short-term marriages may not lead to support payments.For some states, the marriage begins when the certificate is filed in the state and ends when the divorce case is filed. In contrast, in other lengths, the marriage is considered the date of physical separation, which could be before or after divorce is filed in court.Living in a period before marriage is also considered while calculating the payment in some states.In general, court-ordered alimony is mostly considered when the length of marriage exceeds ten years. In some states, the court may not set an end date if the marriage lasted more than ten years.Dates of individual and spouse live together.Date of marriage.Date of divorce.Date of the couple stopped living together. Income levels for both spouses are considered. Spouses with lower earning levels will receive alimony payments. A spouse’s future earning potential is also considered if the spouse gets a high-earning job after divorce, gets remarried, etc.Age and health: Age comes into the picture when the spouse has not worked for a period of marriage. Health issues and medical expenses are also some of the critical factors.It tends to increase with the spouse’s age, as the older individual will have fewer opportunities to develop new skills and get a new job.Ill health or disability of a spouse can lead to permanent alimony.Retirement age is also considered for the spouse.Standard of living: The spouse has the right to live an equal standard of living after marriage. That is why the standard of living is always considered. Cost of house, food, clothing, other expenses, and child care is considered in calculations.Contributions towards marriage: It is often considered whether the spouse has made significant contributions to the marriage. For example, a spouse who stays home, takes care of children and sacrifices a career will receive higher alimony.Net-worth of each spouse: After the divorce is finalized, the court will consider the financial situation of both spouses. If the court finds out that each spouse is self-sufficient, then alimony is less likely to be considered.Reason for divorce/separation: Many times the reason for divorce or separation is considered. If marital misconduct, e.g., adultery comes into picture, then the court might deny it.In the same manner, in case of emotional or physical violence from a spouse can lead to higher alimony payments.

Example

If couples are divorced, the husband earns $6000 per month, while the wife has no income and stays home and takes care of the children and house. As per state law, she is allowed $2000 for child support. If she convinces the court that her total needs per lifestyle and child care are $3000, then the court can increase the alimony payment.

  • Dates of individual and spouse live together.

  • Date of marriage.Date of divorce.Date of the couple stopped living together.

  • It tends to increase with the spouse’s age, as the older individual will have fewer opportunities to develop new skills and get a new job.Ill health or disability of a spouse can lead to permanent alimony.

  • Retirement age is also considered for the spouse.

  • Many times the reason for divorce or separation is considered. If marital misconduct, e.g., adultery comes into picture, then the court might deny it.In the same manner, in case of emotional or physical violence from a spouse can lead to higher alimony payments.

Reasons

  • Maintain the standard of living after divorce: As per law, the spouse has the right to maintain the same standard of living after separation or divorce. If in case of a lower-income level for the spouse, they have the right to ask for alimony due to a sudden change in income level for maintaining the same standard of living.Age and health: In case of older age or health issues spouse gets alimony because of fewer opportunities for a fresh start with a new career, and in case of health or disability, incapable of generating income.Childcare and expenses: In case children are involved. Expenses to maintain lifestyle and education for children are an essential factor for the spouse for which they get alimony.

Benefits

  • Financial Support: Spouses with lower income or no income get financial support from ex-spouse as per law, which helps them to manage regular daily expenses even after divorce.Maintaining Lifestyle: In many cases, there is a sudden change in lifestyle for a spouse due to divorce. It helps the spouse to maintain an equal lifestyle even after marriage.Age and Health: In case of the old age of the spouse or any health issue, alimony payment turns out to be necessary, as the ex-spouse cannot get a new job and has to bear medical expenses.

Disadvantages

  • State Laws Factors for Alimony: In many cases, it is considered that marriage lasts longer periods, and marriages with a shorter period are denied payments.Financial Burden: For the spouse with higher earnings, it becomes a legal obligation to pay the spouse every month, even after separation or divorce.

Conclusion

  • Alimony helps ex-spouse with lower income to maintain financial stability in life and manage a similar lifestyle even after divorce. In many marriages, where the ex-spouse sacrificed a career to take care of the house or children, it becomes impossible to start a new career after a long period, resulting in financial instability.Various factors come into consideration while calculating alimony, like the financial condition of both spouses, age, health, lifestyle, children, etc. It is decided for a specific period by the court, which helps the ex-spouse maintain her lifestyle even after divorce until they become self-sufficient, remarries, etc.

This has been a guide to What is Alimony & its Meaning. Here we discuss its factors, calculation, and eligibility, along with examples. You can learn more about it from the following articles –

  • Earned IncomeUnearned IncomeMonthly Household Budget TemplateTangible Net Worth