Alimony is the payment of a certain sum of money by one spouse to the other spouse. The purpose of alimony is to provide financial assistance to one spouse until they can become self-supporting. The issue of alimony arises when married individuals file for divorce. Alimony can be requested by and granted to either spouse.
It is very important to note that a request for alimony MUST be made before the final divorce hearing in order for alimony to be granted. A request for alimony cannot be made after the final divorce hearing, therefore it is very important to request alimony if you wish the court to consider making an award of alimony.
Alimony by Agreement or Court Order
Alimony can be determined by the court or agreed to by the parties. Generally speaking, an agreement of alimony entered into by both parties will not be changed by the court. It is important to note this because both parties should be aware of and satisfied with the agreement they enter with each other before the final divorce hearing.
Types of Alimony
The court can also make a determination of alimony. There are three types of alimony the court can order:
Alimony pendente lite (temporary),
Rehabilitative alimony, and
Indefinite alimony.
Alimony pendente lite is alimony that is granted by the court which lasts from the time the divorce is filed until the final divorce hearing. The purpose of alimony pendente lite is to provide one spouse with financial assistance until a final order of alimony is entered. An award of alimony pendente lite does not mean that the court will grant a final order of alimony. Additionally, it is important to note that alimony pendente lite will only be granted by the court if you request it.
Rehabilitative alimony is alimony that is granted for a specific amount of time until one spouse can become self-supporting. For example, the court may grant rehabilitative alimony for a period of three (3) years so that one spouse can earn a degree and become self-supporting. Rehabilitative alimony is the most common type of alimony awarded by the court. Once again, it is very important to note that alimony must be requested by one spouse in order for the court to consider making an award of alimony.
Indefinite alimony is alimony that is granted with no specific end date. It is important to note that indefinite alimony is only awarded in very limited circumstances. The main factors contributing to an award of indefinite alimony will be age, illness and/or disability. You must prove to the court that those factors prevent you from becoming self-supporting. If that is not the case, meaning those factors do not prevent you from becoming self-supporting, you must prove to the court that your spouse’s standard of living is unconsciously disparate. Unconsciously disparate means that there is a big gap between your standard of living and your spouse’s standard of living.
Each type of alimony is granted by the court by examining the specific facts of each case. No two cases are alike, therefore the court must make a specific determination of alimony as it applies to and affects each spouse in the individual case.
Factors Considered by Court
The court is able to take many factors into consideration when making an alimony determination. Generally speaking, the court will not make an alimony determination solely based on just one factor. It is important to note that no two cases are alike, therefore, some factors may be given more consideration in one case than in another. However, when the court is making an alimony determination, it MUST consider the following factors:
The ability of the party seeking alimony to be wholly or partly self-supporting,
The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment,
The standard of living that the parties established during their marriage,
The duration of the marriage,
The contributions, monetary and non-monetary, of each party to the well-being of the family,
The circumstances that contributed to the estrangement of the parties,
The age of each party,
The physical and mental condition of each party,
The ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the party seeking alimony,
The financial needs and financial resources of each party, and
Any agreement between the parties.
The above list is not an exclusive list but it is a mandatory list. This means the court CAN consider other factors not listed above but it MUST consider the factor listed above.
Modification of Alimony
The court can always modify an alimony award if it made the initial alimony determination. A petition to modify alimony can be filed with the court by either party to the action. The party filing the modification of alimony bears the burden of proof. The party filing the modification of alimony must show a “change in circumstances” that warrants modifying the court’s initial alimony determination.
However, the court is not able to modify alimony if the parties entered into an agreement of alimony and that agreement clearly states the court cannot modify that alimony award.
Termination of Alimony
Unless otherwise agreed to, alimony will terminate upon the occurrence of the following:
Upon the death of either party,
Upon the marriage of the spouse receiving alimony, or
If the court determines that terminating alimony is necessary to avoid a “harsh and inequitable” result.