What is Alimony?

Alimony, also known as spousal support, is payments made from one party to the other during a divorce settlement to maintain a similar standard of living as enjoyed during the marriage or for the spouse receiving payments to be able to educate and provide for themselves independently.

The goal of alimony is to ensure both parties are able to support themselves after the divorce is completed. A court may award spousal support, or parties may agree on it, if the estate and effects awarded to either party are not sufficient to the suitable support and maintenance of either party.

Different types of alimony may be modifiable or non-modifiable. The type of alimony ordered is determined on a case-by-case basis. The duration, or number of years, could be modifiable, or not. Also, the monthly payment amount may be modifiable, or not.

What are the Types of Alimony?

There are three distinct types of alimony, and a combination of them may be ordered. The types of alimony are:

  • Transitional: This type of periodic alimony is ordered to help one spouse obtain the training or education needed to become self-sufficient. Transitional support is often used for spouses who have been out of the workforce due to child care or homemaking, and now a divorce is happening.
  • Permanent: When a spouse requires financial assistance, a judge may order permanent support. This might also be called lifetime, modifiable spousal support. Marriages between older partners or long-term marriages are often subject to permanent support payments.
  • Alimony in gross, or lump sum payment: While rare, lump sum support may occur between couples who wish to divide everything at the time of divorce, and do not want ongoing monthly payments.

What is the Role of a Prenuptial or Postnuptial Agreement for Determining Alimony?

A prenuptial agreement is a contract signed and agreed to by both parties prior to marriage. The purpose of these contracts is to decide important matters relating to the dissolution of the marriage, such as property division and alimony payments. 

A postnuptial agreement may also address spousal support payments and may be valid, if very specific facts are in place and the factors required by law are present. 

If a prenuptial or postnuptial agreement is valid and a judge considers it fair, the alimony terms agreed to will be enforced.

A valid prenuptial agreement should include: 

  • Full disclosure of assets and liabilities by both parties
  • Fair and reasonable terms, fair at the time it was signed, and fair today.
  • Voluntary signing without duress, fraud or other defects by either party
  • Cannot promote divorce or other illegal provisions
  • Must be submitted in writing and signed by both parties

These agreements can be nullified if assets are not disclosed or if they are not considered fair. Either spouse may also contest the agreement during a divorce.

How is Alimony Decided?

Alimony, child support, and property division are typically settled during the same divorce proceeding. These issues have several options that allow reaching an agreement outside of court.

Alimony can be discussed and agreed upon by the couple. Once an agreement is reached, the couple submits the contract to the judge, who reviews it to ensure it is fair to both parties. If the judge agrees, then the order is confirmed. This allows the couple to have more say in these decisions. 

If an agreement cannot be reached, mediation may be ordered. Mediation involves the help of a court-appointed, neutral third party to facilitate conversation and resolution regarding spousal support. When mediation is successful and an agreement is reached, the deal is reviewed by a judge who will approve the order if it is fair and just.

When a couple fails to agree on their own or through mediation, the court decides who receives alimony and how much. 

Factors that a judge will use to determine support are based on the following:

  • The behavior of either party that contributed to the breakdown of the union
  • The duration of the marriage
  • The income ability of both parties
  • The amount of property and liquid property granted to each party
  • The ages of both parties
  • The ability of either spouse to pay support
  • The current living situation of both parties
  • The needs of each spouse
  • The health of each spouse
  • The standard of living enjoyed during the marriage by either spouse
  • Financial obligations and court-ordered payments of either spouse
  • The contributions to the estate by either spouse
  • The members of each spouse’s current household
  • Fairness

Can Spousal Support be Modified or Terminated?

Alimony ends upon the death of either spouse or when the spouse receiving payments remarries. 

To request a modification to an existing order, the spousal support must be modifiable.  It is possible to agree to non modifiable spousal support.  Assuming it is modifiable, the petitioner must prove a significant change in circumstances that may warrant a change, such as:

  • The receiving spouse cohabitating with a new partner, or remarriage
  • A change in the needs of either party, or a life changing event such as retirement
  • A change in the paying party’s ability to pay

Additionally, the paying party may be able to ask for a termination date for support payments to be included in the order.

How Can Men Avoid Alimony Payments?

Alimony and divorce typically go hand in hand, though not always. Certain methods may be used to avoid paying support to a former spouse, such as:

  • A prenuptial or postnuptial agreement: A valid agreement signed by both spouses should already include an agreed-upon alimony provision.
  • Prove that the spouse does not require financial support: Support payments are intended to help a spouse meet financial obligations and support them while they pursue further earning opportunities. Proof that a spouse does not need support may avoid payments.
  • Proof of marital misconduct: If a spouse who is requesting alimony has cheated, abused, or mistrusted their partner during the marriage, this is one factor to be considered if a court is deciding spousal support. 

Do You Need an Attorney?

If you would like help navigating the complexities of alimony during your divorce and would like to ensure you are not being swindled, contact the attorneys of ADAM American Divorce Association today at 248-290-6675 or complete a contact form to schedule your free consultation.