Alimony is the financial support provided by one spouse to the other upon the dissolution of marriage.
How does alimony work?
Alimony is a monetary amount paid by one spouse to the other after the marriage ends, in most cases, to provide “reasonable and necessary” financial support to the recipient spouse. Alimony can be paid by either spouse, and either spouse has the right to ask the court to order alimony payments. However, requesting support does not necessarily mean the judge will grant it. The spouse requesting support does not have to be the one who initiated the proceedings by filing for divorce.
Types of alimony
There are several types of alimony aimed at addressing different needs and circumstances. Some types of alimony have multiple names.
Temporary alimony (pendente lite)
Temporary alimony is temporary support paid during the divorce proceedings in court. It ends when the divorce becomes final through a court ruling, although it may be replaced by another type of alimony in that case.
Separate maintenance
This type of alimony can be ordered by the court or agreed upon by the spouses when they separate but before either person files a formal divorce petition. There is no requirement to file for divorce before one spouse can request and receive separate maintenance payments. This type of alimony is common when spouses do not wish to divorce and choose to live separately or obtain a legal separation. It can help in cases where the higher-earning spouse moves to another residence, leaving their partner in a difficult financial situation.
Rehabilitative alimony (time-limited)
Rehabilitative or “time-limited” alimony is for spouses who earn less than the other spouse and need time to return to a financial status where they can support themselves. For example, one spouse may leave the workforce for family reasons and needs time to find employment. In this case, the court may order rehabilitative alimony until the spouse becomes financially independent.
Reimbursement alimony
This type of alimony is for spouses who have significantly contributed to the other spouse’s income. For instance, one spouse may fund their partner’s education to obtain an advanced degree and secure a high-paying job. A judge may be more likely to order reimbursement alimony if the marriage ends relatively soon after the contribution is made.
Long-term alimony
Long-term alimony is intended to continue until the recipient spouse remarries or dies or enters into a relationship where they are financially supported. This type of alimony is usually granted to spouses in long-term marriages, but the number of years considered “long-term” can vary from state to state.
How to obtain alimony
You will need to establish certain facts when filing a request with the court for an alimony order. The facts required can vary from state to state, but some are very common.
You will need to provide a full financial disclosure without your spouse’s support, and you may need to prove the standard of living you had during the marriage. You are also likely to need to prove that your spouse has the ability to continue enjoying a standard of living similar to what you had while married, even if they are required to pay you alimony.
Tax implications of alimony
Previously, alimony was tax-deductible for the payer and reported as taxable income by the recipient. As of 2019, alimony is no longer tax-deductible, and recipients do not need to report it as income on their tax returns. This rule applies to all divorce decrees or court orders issued after December 31, 2018, as well as to court orders that were issued before that but modified or changed after 2018 or later to reflect this change in the law.
Questions
Recurring (Code)
When can someone claim alimony?
Generally, anyone can claim alimony during divorce or separation. They must prove that they have a legitimate financial need as a result of the divorce or separation.
Do I have to support my spouse after divorce?
If the judge finds that your spouse has a reasonable financial need and you have the ability to pay alimony, the judge is likely to award alimony, and you will be required to provide it.
Source: https://www.thebalancemoney.com/what-is-an-alimony-payment-5207677
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