Alimony is also known as spousal maintenance or spousal support and is granted at the court’s discretion. After determining equitable distribution, the court will address alimony based on two factors: (i) entitlement and (ii) amount. The court may grant alimony to either party and will use the following factors in determining alimony:
- Length of marriage: usually five or more years
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Education levels: for example, one spouse has a doctorate degree and the other is a high school graduate.
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Earning history: for example, a high-income professional married to a stay-at-home mother.
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Future earning ability: a disability, “too old” for the workplace or the stay-at-home mother has a medical degree.
There are four main categories of alimony: rehabilitative, temporary, periodic payment and lump sum alimony.
- Rehabilitative: This is associated with short marriages. A court will order rehabilitative alimony to educate one spouse so they can become independent (return to school or obtain job training.)
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Temporary: This is paid for a short term and allows the spouse to maintain their standard of living while the divorce proceeds. Temporary alimony is paid monthly and usually lasts until the divorce proceedings end.
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Periodic payment alimony: This is associated with long term marriages. This alimony ceases when there is a death between two spouses or one gets remarried.
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Lump sum alimony: This is allocated from one spouse to another in a single payment or intermittent payments. This is justified for support or as a means to transfer assets between spouses.
