Legal Notes: About Alimony

    Alimony, also known as spousal support, is intended to help the supported spouse maintain a marital standard of living and ease the transition to living as a single person. Either party may be ordered to pay spousal support. No statute requires that the husband must pay the wife. In fact, spousal support does not even have to go to the custodial parent of a minor.   

State courts are empowered to order spousal support while the dissolution is pending. Temporary (pendente lite) alimony is different from permanent alimony. The propriety and amount of temporary alimony lies within the court’s discretion, based upon need and ability to pay.

The duration of alimony is within the discretion of the court and is related to the length of the marriage. In marriages of less than 10 years, the statutes provide a presumption that support should be granted for half the length of the marriage. In contrast, in marriages of 10 years or more, if so-called permanent support is established, it is up to the court to set a termination date. While there may be exceptions, the courts tend to disfavor lifetime support. Usually upon the death of a spouse or the re-marriage of the supported spouse would terminate the alimony. 

Alimony is determined by the earning capacity of each party to maintain the standard of living established during the marriage. Among the considerations:

1. How marketable are the skills of the spouse being supported?
This would include the job market for those skills, the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.       

2. How much time has the supported spouse been away from work?
The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.  

3. Has the supported spouse contributed to education of the other spouse?
The extent to which the supported party contributed to the attainment of an education, training, a career position or a license by the supporting party.