Lawyers.com > Understand Your Legal Issue > Family Law > Spousal Support > Alimony

Alimony (also called spousal support or maintenance) is payment from one ex-spouse to the other. The idea seems simple—one former spouse supports the other, but rarely is it that easy. In all cases, there are numerous factors that judges examine when deciding if alimony should be awarded, the amount and for how long.

When Will Alimony Be Awarded?

Awards of alimony and other laws governing marriage and divorce are specific to your state. There's some guidance on how alimony is awarded, but the judge has wide authority to decide when to award alimony and when it shouldn't be awarded.

When deciding whether to award alimony, most state laws require judges to consider various factors, which may include:

• The standard of living during the marriage
• Each spouse's income and financial condition at the time of divorce
• The age and physical and emotional health of each person
• The need for financial support and the ability to pay alimony

How Much Alimony Will be Awarded?

Generally, the amount of an alimony award is the amount that the recipient will need for ''maintenance,'' which includes things like:

• Food, shelter, and clothing
• Reasonable or necessary transportation costs
• Household expenses

When figuring out the recipient spouse's needs and the amount of alimony, most courts won't consider the following expenses to be necessary:

• Savings account contributions
• Vacation or recreational expenses
• Continuing an unusually lavish lifestyle

Judges aren't required to grant or deny alimony under any particular facts or circumstances. If you can convince the court that you need it, alimony will likely be awarded; if you can convince the judge that your ex-spouse doesn't need it, alimony likely won't be awarded, or will be reduced from the original request.

How Is Alimony Paid?

The spouse who is ordered to pay support usually makes payments periodically or in installments, and payments are often monthly. People usually get paid periodically, and it may be easier to make payments as income is earned.

While most states allow the courts to order that alimony be paid in a one-time payment or lump sum, that's not very common. The paying spouse often can't afford to make a large payment all at once, and there are possible tax consequences to the recipient. Alimony must be reported as income on federal tax returns, and receiving a large alimony payment all at once may push the taxpayer into a much higher tax bracket.

In some situations, a lump-sum award may be necessary, such as if the paying spouse makes it known that he or she does not intend to make periodic payments.

How Long Do Alimony Payments Last?

State divorce laws vary on when alimony payments will end, or terminate. Some laws provide that alimony ends when:

• The recipient remarries or begins living with another person of the opposite sex
• When the paying spouse dies
• When the parties' separation agreement gives a certain date for terminating alimony

Also, in certain situations, an award of alimony might be able to be modified so that payments are reduced, increased or terminated, depending on the situation.

Questions for Your Attorney

• What portion of your practice involves alimony or spousal support cases?
• Can a court award alimony if my ex-spouse does not ask for it and our separation agreement does not state that I have to pay it?
• I'm a professional athlete, and my ex-spouse regularly spent a lot of money while we were married. Will the court require me to pay enough alimony to support the lifestyle she had when we were together?
• What kind of records do I need to show that I can't afford to pay alimony?
• Under my state's laws, do I have a good chance of having the payments to my ex-spouse reduced or stopped altogether?

Related Resources on Lawyers.com^sm

- Changing and Terminating Alimony or Spousal Support
- The Courts' Authority to Order Alimony
- Enforcing Court-Ordered Spousal Support or Alimony
- Does My Soon-To-Be Ex-Spouse Have To Support Me?
- Spousal Support articles and information
- Find a Spousal Support Law lawyer in your area
- Visit our General Divorce message board or our Alimony Message Board for more help