Alimony, also called spousal support or maintenance, is designed to provide a party to a divorce with necessary financial assistance. Alimony is a payment made to a spouse separate from child support and other property set aside to that individual.
Function
The function of alimony or spousal maintenance is twofold. First, alimony is designed to assist a party to a divorce in maintaining the standard of living enjoyed during the marriage. Second, alimony gives a person "breathing room" necessary to establish greater financial independence. For example, if a person leaving a marriage needs additional education or job training, alimony can help her support herself while pursuing this objective, according to "Nolo's Essential Guide to Divorce" by Emily Doskow.
Time Frame
Most states use a formula to determine how long alimony is paid after a divorce. Historically, alimony was paid indefinitely. While some states still permit this type of arrangement in some cases, most laws cap the time frame. The computation normally is based on the number of years the couple was married. The breakup of a 10-year marriage, for example, might result in alimony payments for five years.
Types
Alimony comes in three primary forms, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. The most common type of alimony is the recurring payment of money from one former spouse to the other. Another type of alimony involves one lump-sum payment. Finally, in some cases, a transfer of property satisfies the alimony order.
Benefits
The primary benefit of alimony is the easing of financial strain on a spouse who otherwise experiences a loss of financial resources. A spouse who would end up in such a position without alimony is not forced to remain in a marriage solely because of financial considerations.
Warning
Alimony is not automatically awarded in divorce cases. If you're serious about obtaining alimony, consider seeking a lawyer to represent you in your divorce case. The American Bar Association maintains resources to help consumers facing all types of legal issues find lawyers.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
