Alimony awards occur in divorces on a case by case basis, according to the American Bar Association Section of Family Law. Pursuant to the divorce and alimony laws in force in every jurisdiction in the country, a couple can agree to alimony during settlement negotiations or a judge can issue an order requiring one party to pay alimony to the other.
Function
The function of alimony is to provide a person the ability to maintain her standard of living at the level that existed before the divorce, according to "The Divorce Organizer & Planner" by Brette McWhorter Sember. Alimony or spousal maintenance is designed to permit that former spouse the ability to rebuild her life following a divorce, a process that may include education or job training.
Types
Alimony or spousal maintenance can take a number of different forms, according to the American Bar Association Section of Family Law. The most common type of alimony structure involves one party making payments to his former spouse on a scheduled, recurring basis. Another option is for a former spouse to make one lump sum payment to the other former spouse. Finally, alimony can also take the form of a transfer of personal property or real estate from one former spouse to the other.
Time Frame
The laws regarding how long a former spouse receives alimony or spousal maintenance payments varies from one state to another, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Some states established guidelines that determine how long alimony must be paid based on the length of the marriage. Less than 10 states permit alimony payments indefinitely, until one of the parties to the divorce dies or the individual receiving alimony remarries or co-habitats romantically with a new partner, according to the American Bar Association Section of Family Law.
History
Up until the latter part of the 20th century, alimony nearly always was ordered for an indefinite period of time, according to "Nolo's Essential Guide to Divorce". The only way an alimony obligation terminated was if one of the former spouses died or the individual receiving alimony remarried or entered into a intimate relationship, including cohabitation with another person of the opposite sex.
Prenuptial Agreements
A valid prenuptial agreement impacts whether alimony will be ordered in a particular divorce case, according to the American Bar Association Section of Family Law. Before marriage, a couple intending to wed can agree that alimony will be waived or limited to a particular amount for a particular period of time. Provided the couple complies with the legal requirements associated with drafting and entering into a prenuptial agreement, the prenup and its terms regarding alimony will be honored if a divorce occurs.
References
- American Bar Association: Section of Family Law
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
