A divorce can be very complicated between dissolving the legal marriage, separating assets, and determining child custody. For some couples, the discussion of alimony may be part of the divorce proceedings. Alimony, sometimes also called spousal support or spousal maintenance, is a set amount of money that one spouse must pay to the other spouse after the divorce is finalized. Continue reading to learn more about alimony:
When Alimony is Awarded
Many people divorce and alimony is not ordered by the court. But in some cases, if one spouse earns significantly more than the other, the spouse making more money will be required to make payments to help support the other spouse after the divorce. Alimony is completely separate from child support; if a person is ordered to pay alimony, he or she will still be responsible for paying child support to help raise shared children.
Typically, alimony is ordered when a couple has been married for at least several years; alimony orders tend to be less common in very short marriages.
Length of Alimony
The length of time that a person is ordered to pay alimony depends on several factors, such as the difference between incomes, the earning capacity of the spouse who will receive alimony, and the standard of living that the family has become accustomed to. The actual amount of alimony paid each month will also depend on these factors.
There are several situations that will invalidate the alimony order. If the spouse who is receiving alimony remarries, the ex-spouse can typically cease making alimony payments. In the event that the spouse receiving alimony does not make a reasonable attempt to try to be financially self-sufficient, a judge may elect to cancel the alimony order. As children in the household grow older, a judge may also decide that a full-time parent is not needed at home on a daily basis and alimony may be reduced or eliminated.
Failure to Pay Alimony
An alimony order is just like any other court order and must be legally filed. If one spouse refuses to pay the ordered amount of alimony, he or she may be found in contempt of court, which can cause a number of legal problems. While not incredibly common, it is possible for a person to be held in jail if he or she regularly disregards the alimony order and fails to send alimony payments on time on a regular basis.
Share