It used to be that alimony (also called “spousal support” or “spousal maintenance”) was a given in a divorce. Typically, whichever spouse made more money paid alimony to the other spouse, and usually for life. But the concept of alimony has evolved in recent years.
The change is due primarily to a cultural shift. Unlike in the past, today two-income households are more the rule than the exception, so the need for alimony—at least in the amounts courts previously awarded—has diminished. Additionally, state divorce laws are now more focused on seeing to it that spouses become as self-sufficient as possible.
In light of this, a minor difference in income between spouses could lead a judge to determine that alimony isn’t necessary. Although income plays a big role in awarding alimony, there are other factors a judge will look at.
Factors a judge considers in awarding alimony will vary from state to state. That’s because there’s no federal law governing divorce, so each state has its own guidelines. But there are some items that are fairly common, such as:
The length of the marriage is important, because it plays a major role in determining the type of alimony a spouse might be entitled to. Barring exceptional circumstances (perhaps a spouse’s long-lasting debilitating illness, for example), spouses in short-term marriages likely won’t get permanent (lifelong) alimony. Again state laws vary, but “short-term” generally means a marriage lasting less than 10 years.
In these short-term marriages, if a judge feels some alimony is warranted, it’s likely to be for a limited period, which the judge will determine on a case-by-case basis. The goal of most “limited duration” alimony awards is to assist recipient spouses in getting back on their feet financially.
One such type of spousal support is “rehabilitative” alimony, which would extend for as long as it would take the recipient spouses to learn the necessary skills to make them more employable. This would help to get them into the workforce and, hopefully, allow them to become self-supporting.
“Reimbursement” alimony is another type of short-term support, but with a different goal. You’ll usually see this in marriages where one spouse worked to help put the other spouse through college or graduate school. The theory behind reimbursement alimony is that spouses who assisted in advancing the other spouse’s education did so in the belief that, at some point, they’d share the benefit of the increased income resulting from the other spouse's higher education level. Because divorce would eliminate access to that income bump, the helping spouses should receive some compensation for their efforts.
In long-term marriages which warrant alimony, judges will try to award an amount that will allow both spouses to preserve the standard of living they had during the marriage. Obviously, this isn’t always possible. For most couples, it’s virtually impossible to sustain two households on the same amount of disposable income previously used to maintain just one. So it’s a fact of life that spouses may have to adapt to a lifestyle that’s something less than they were accustomed to, unless they’re able to increase their respective incomes after divorce.
Regarding the factor of a spouse’s ability to pay alimony, some people attempt to limit their income to avoid paying spousal support (or at least lowering the amount). Let’s say Jane leaves her position as a high-level bank executive, and takes a much lower-paying job as a teller in a different bank. The court will look at Jane’s earnings history, skills, and education, and if it finds she’s intentionally limiting her income, it can award alimony based on what she should be earning, not what she’s actually making. That’s called “imputing” income.
There’s no mathematical formula for judges to follow when determining an alimony award. And state law normally gives them great leeway in applying the guiding factors in any given case. But that doesn’t mean they always get it right. For that reason, the law will generally require them to explain their reasoning, so the court record is clear on how and why they reached their decision. That would aid a spouse in appealing the judge’s ruling to a higher court.
You should note that an alimony award doesn’t necessarily come only at the end of the divorce. A judge may grant temporary (pendente lite) alimony during the divorce process. The purpose is to maintain the financial status quo while the divorce is pending. For example, if a spouse earning more money than the other leaves the marital residence, the other spouse may need some help to pay utilities, meet mortgage or rent payments, and so on. The temporary award will usually remain in effect until the court resolves the issue of final alimony at the end of the case.
Be aware that alimony is subject to change. Either spouse can file a motion (written request) with the court, requesting modification of the existing alimony award. However, in order to prevail, the spouse requesting modification usually has to prove that there’s been a substantial change of circumstances since the date of the last award. Such a change might be a spouse’s serious illness, or a significant increase or decrease in a spouse’s income.
Alimony can be a very complicated legal issue, so consider consulting a knowledgeable local divorce attorney for more information.
