As parties enter the arena of divorce, many issues will be confronted. Some will be emotional, some will be financial, some – like alimony – will be both emotional and financial. For most, alimony is thought to be money that is paid from one spouse and received by the other. Many think or feel that alimony, or spousal support as it is sometimes known, is something that should be addressed no matter what. Some feel that the concept should be ignored all together. In actuality, alimony is a rather broad subject that may or may not be applicable to any given case.
Different Types of Spousal Support
There are several kinds of alimony that should be understood.
Temporary Alimony is a form of support that one spouse pays to the other during the time the divorce case is pending and has yet to be finalized. This support can be paid by court order or by agreement that is incorporated into a court order. This alimony usually continues until it is terminated by law, by subsequent order or the agreement of the parties.
Permanent, Periodic Alimony is a form of support that one spouse pays to the other following a divorce. This amount can be set by court order or by an agreement of the parties which is incorporated into a court order. This alimony usually continues until the receiving parties remarries, the paying party dies, until the law of the specific state allows it to end or until some other order of the Court ends it.
Other types of alimony also exist.
Rehabilitative Alimony is alimony that is paid to help the other spouse become self supportive and will be paid until some particular event occurs – such as graduation from school or until a certain job is attained. Lump sum alimony is the payment of a lump sum of alimony, either in one payment or over time until the total sum is paid. Alimony can also be paid for a set amount of time.
Calculating Alimony
The calculation of alimony is something that is unique to each state. However, the calculation will generally take into account the needs of the spouse receiving the alimony and the ability of the other spouse to pay. It is safe to say that if one spouse's income exceeds that of the other or if one spouse has traditionally not been employed during the marriage then alimony could be a possibility. However the ability of both spouses to work will be considered.
Other Implications of Alimony
One important thing to remember is that alimony can generally be deducted from the taxes of the spouse paying it and will have to be claimed by the spouse receiving it. Make sure to consult with an attorney and a tax professional if you do find yourself receiving or paying alimony so you can understand the tax implications of alimony.
There are states in United States where alimony is a vanishing concept; however, there are others where it is alive and well. Be sure to consult with an attorney in your state so you can have a full understanding of this important concept.
Sean Keefer - I am an attorney and a writer living in the Charleston, South Carolina area. I write about current events, legal issues, photography, ...
