Financial Support for Your Ex

    Alimony is a monthly support payment paid by one divorced spouse to the other. The payments, also referred to as spousal support or maintenance, can begin before a divorce is final; this is known as pendente lite alimony.The payments are made by the higher-earning spouse so that the standard of living for both remains as close as possible to the standard of living they shared when married. Because income is the determining factor, ex-husbands are no longer the only ones making alimony payments. So if you earn substantially more than your spouse, whether you are male or female, expect to pay alimony.

HOW PAYMENTS ARE DETERMINED

In most divorces, whether litigated or reached through mediation or collaborative law, both parties usually negotiate alimony rather than leaving the decision to the judge.The amount, however, generally is arrived at based on alimony criteria established by each state. These guidelines help determine the need and extent of alimony and usually consider:

1.  Duration of the marriage.    
2.  Earning capacity of each party. 
3.  Age of each spouse. 
4.  Each party’s physical, mental and emotional state.
5.  Other income, both earned and unearned (i.e., investments, interest and dividends). 
6.  Whether one spouse contributed to the education of the other in order to further that spouse's career.    
7.  The homemaking contributions of a spouse.           
8.  The effect that being the custodial parent will have on that party’s earning power.

Fault in the marital breakdown also could be considered in some states. Depending on the situation, when there is a determination that one spouse was more responsible for the demise of the marriage than the other, any associated alimony could be substantially increased, reduced or even nullified. This is not a consideration in states that recognize no-fault divorces, where you do not have to show reason (i.e., fault) to get divorced. The divorce court judge, however, may consider any other economic circumstances of either spouse that he or she determines to be just or proper in awarding alimony. And as a general rule, alimony amount can be modified, either up or down, by demonstrating a material change of circumstance.