When a couple is divorcing, and one spouse is financially dependent on the other, courts may award alimony to the financially dependent spouse. There are several different types of alimony, however, and the differences can be confusing. This article will explain the different types of alimony, and describe how the most common type of alimony awarded today works: rehabilitative alimony. If you have additional questions after reading this article, contact a family law attorney in your area.
There are four different types of alimony: temporary alimony, permanent alimony, reimbursement alimony, and rehabilitative alimony.
Temporary alimony refers to the payment of expenses while a divorce case is pending, including attorneys' fees. Permanent alimony usually means alimony for life, or until retirement age—this form of alimony is becoming increasingly rare across the country as most households are now two-income house holds.
Reimbursement alimony is when a spouse is required to pay back the other spouse for expenses covered during the marriage, such as school tuition—this is also relatively rare, and not available in all states.
Rehabilitative alimony is the type of alimony that is replacing permanent alimony, and refers to alimony that a higher spouse pays a lower-earning or non-working spouse, for a specific period of time. Rehabilitative alimony is meant to allow a spouse who is financially dependent on the higher-earning spouse time to get training and education, and/or find a job that pays enough to cover reasonable living expenses.
Today, either parent can have custody of children, and either spouse can receive alimony. Also, since men and women are both able to work and earn incomes, courts no longer assume that a non-working or lower-working spouse should receive alimony for life. Now, it’s more typical for judges to award rehabilitative alimony, which is a set amount of financial support that is paid for a period of time sufficient to allow the lower-earning spouse to become self-supporting.
Courts in the modern age attempt to balance the needs of a dependent spouse who may have given up significant earning ability by leaving a career to devote more time to the household, with the fact that dependent spouses should make efforts to find employment so they aren't dependent on the other spouse forever. Judges, therefore, attempt to award rehabilitative alimony to compensate for sacrifices lower-earning spouses made for the marriage, and allow them time to get the education or training necessary to re-enter the workforce.
The factors a court can consider when awarding alimony vary from state to state, so you should consult a local family law attorney for specific questions about your own case.
However, there are some general factors that judges will likely consider when determining the amount or length of time for an alimony award:
Depending on your state, the court may use more or less factors than those listed above. Some states use a formula to calculate alimony. For example, in Texas, judges don’t award alimony unless the marriage lasted at least 10 years, and the payments are limited to three years unless there are extenuating circumstances. Also, alimony is limited to either $2500 per month, or 40% of the payee’s gross income, whichever is lower.
Kansas, Maine, Mississippi, and Tennessee also have limits on the length of alimony, absent extenuating circumstances. Massachusetts has completely banned lifetime alimony. Most other states, however, allow judges to determine the length and amount of alimony on a case by case basis.
Despite all of the different state laws governing alimony awards, you should be aware of the national trend towards favoring rehabilitative alimony over permanent alimony. Unless there are extenuating circumstances, or the spouses are beyond retirement age, courts will expect supported spouses to become self-sufficient over some period of time after divorce.
If you want to know more about how alimony laws may affect your divorce, speak with a local family law attorney.
