What You Need to Know About Alimony

If you are considering a divorce or are in the middle of divorce proceedings, you may be curious to learn more about alimony. You may have questions regarding what it is, how common it is awarded, how much you can expect, and if it’s enforceable. 

The concept of alimony is straightforward: after separation, the court may order one spouse to support the other financially to maintain the parties’ status quo as they go through the divorce process. Regardless of your marital status, understanding alimony and how it works can help prepare you if you ever find yourself in the family law court system. 

What is Alimony?

By definition, alimony is financial support that a person is ordered by the court system to give their spouse during separation or following divorce. Generally speaking, there are three different types of alimony:

• Temporary alimony: Alimony that lasts until the divorce is finalized
• Rehabilitative alimony: Alimony given for a period of time to help the recipient transition to supporting themselves
• Permanent alimony: This type of alimony is typically awarded in situations where a spouse is disabled or lengthy marriages where one spouse was away from the job market for many years or will likely never gain financial independence. 

According to alimony lawyers in Los Angeles from Fernandez & Karney:

 “The general idea is that the spouse who is financially stronger will pay the other until he or she is able to be self-supporting and live in essentially the same manner as they did while married. In many cases, one spouse may not be trained for employment, or could have been out of the workforce for a significant amount of time, making it difficult for that spouse to find a job and maintain the same standard of living they enjoyed while married.”

Is Spousal Support the Same Thing as Alimony?

The terms “alimony” and “spousal support” are used interchangeably, although the more modern and gender neutral term is “spousal support”. In some states, the term “spousal maintenance” is used. 

How Common is Alimony?

Alimony awards have decreased in recent years, possibly due to the increase in the number of women in the workforce. Judith McMullen, a law professor at Marquette University, claims “Alimony awards have always been very rare, going from about 25% of cases in the 1960s to about 10% today.” 

Alimony is generally assumed to be men paying women, although the last fifty years have shifted to eventually become applied equally to both genders. In a 2010 census, approximately 3% of 400,00 alimony recipients were male. 

Is Alimony Enforceable by Law?

Yes, alimony is enforceable by law. If a former spouse fails to pay court-ordered spousal support, the recipient may go to court and ask the judge to enforce the order. In this situation, the recipient would file a motion and the court will set a hearing to determine why payments were not made and what the judge will do to enforce the order. 

Fines and penalties are just some of the consequences of failing to follow a spousal support order. In some cases, a judge may order retroactive payments as well.

How is Alimony Calculated?

While every divorce case is unique, the typical alimony amount is around 40% of the paying spouse’s income. Certain factors can heavily influence alimony amounts, such as changes in location, employment, and lifestyle.

Questions About Alimony?

While the concept of alimony is direct, certain situations and the location of a divorce proceeding may complicate the situation. 

If you have questions about a specific situation or how much money you may be able to receive in alimony payments, discuss with an experienced divorce attorney in your area. A legal professional can help prepare and guide you for what to expect during a divorce and subsequent alimony situation.