Alimony, also known as spousal support, is a payment or series of payments made by one former spouse to another as a condition of the couple's divorce. Whether a man will owe his former wife alimony depends on several factors, including the current earnings and the earning potential of both parties and the couple's standard of living before the divorce.
Identification
Alimony, or spousal support, consists of payments made to a former spouse above and beyond any child support payments. The rules for setting alimony amounts differ by state, but they tend to leave most alimony decisions to the judge's discretion. In this way, alimony differs from child support, which is usually calculated according to a specific formula written in the state's laws.
Factors
A man may owe a woman alimony if his ability to earn money, both now and in the future, is significantly higher than hers. For instance, if the man has a college degree and a steady job, while his former wife has no college degree and has not worked in many years, alimony may be required. The age and health of both parties is also a consideration in deciding whether to grant alimony, as is the standard of living enjoyed by the couple during their marriage. Usually, a court will only require a man to pay alimony if his wife has been financially dependent on him for many years.
Types
Alimony is usually paid in one of four different ways, depending on the couple's situation. Permanent alimony consists of alimony payments made to the other spouse until her death or until she moves in with someone else. Lump-sum alimony is alimony paid all at once, instead of in installments. Temporary alimony is paid for only a short time, usually one to two years. It is usually granted when the parties are generally equal, but one needs to "get back on her feet." Rehabilitative alimony is similar to temporary alimony in that it is only paid for a short time, but it is paid specifically to bring the receiving spouse up to speed in terms of earnings. For example, rehabilitative alimony frequently consists of paying a spouse's college tuition.
Benefits
Although men ordered to pay alimony rarely feel as though they benefit from the transaction, in fact paying alimony can have substantial tax benefits for the person paying. Unlike child support, alimony is tax-deductible for the person paying and included in taxable income for the person receiving. If the husband makes significantly more than the wife, alimony may benefit him by providing a substantial tax deduction.
Considerations
In some states, a wife is entitled to alimony if she supported her husband through graduate or professional school. In these states, the wife is considered to have supported the couple through the husband's graduate or professional training in expectation of greater material benefits later, but the marriage fell apart before the benefits were realized. The court considers that the wife worked for benefits she did not receive during the marriage and is entitled to after the divorce. Also, any professional licenses the husband earned during the marriage may be considered a marital asset whose value should be split between the couple.
