The laws in all 50 states permit a court to order alimony in certain divorce cases, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. In some jurisdictions alimony is called spousal support or spousal maintenance. Alimony typically is designed to restore a spouse to the economic position enjoyed during the marriage. In addition, alimony assists in providing a spouse the chance to obtain education or training sufficient to permit an improved income in the future.
Length of Alimony
Although permissible in some jurisdictions, alimony usually is not ordered permanently, according to Help Yourself Divorce. Decided on a case-by-case basis, alimony typically is ordered to be paid for a set period of time. Most state laws concerning alimony use a formula based on the length of a marriage to determine how long a person is entitled to alimony payments.
Types of Payments
The laws of most states permit alimony payments to be made in a number of ways. The most common way in which alimony is paid is through recurring monthly or weekly payments from one party to another for a specific time. Another option is for a party to receive one lump sum payment for alimony. In lieu of cash payments, property can be conveyed from one spouse to another, including real estate.
Settlement Agreement or Court Order
Spouses in divorce proceedings can enter into settlement agreements that include a provision for alimony. In the alternative, if parties to a divorce cannot reach a voluntary agreement on the issue of alimony, the court will conduct a hearing and enter an order establishing the parameters for alimony payments.
Legal Representation
Alimony laws and procedures are complicated. If you face an alimony issue in your own divorce case, consider seriously retaining the services of a qualified and experienced attorney. Local and state bar associations maintain directories of attorneys in different practice areas, including divorce and alimony laws. Contact information for these organizations is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- Help Yourself Divorce: Alimony
- Find Law: Spousal Support Alimony
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
