Spousal Support (Alimony)

The purpose of alimony, also called spousal support or maintenance, is to prevent the spouse with less income from suffering economic injustice after divorce. For example, a former spouse may have chosen to leave the workforce to support the family or to raise children, sacrificing career development and earning potential in the process. Alimony exists to address these imbalances and allow both parties to maintain a reasonable standard of living post-divorce. Like child support, spousal support is typically negotiated as part of a divorce settlement.

What Determines Alimony?

Courts do not automatically award alimony. Instead, judges consider multiple factors: the income and earning capacity of each spouse, the length of the marriage, the standard of living during marriage, the age and health of each party, the ability of the paying spouse to support both themselves and the recipient, contributions to the marriage (including homemaking and child-rearing), and whether one spouse sacrificed career opportunities for the family.

The goal is to create an outcome that is both fair and achievable - not to punish one party, but to acknowledge real economic contributions and inequalities created by the marriage.

Temporary, Permanent, and Modifiable Support

Alimony can take different forms. Temporary alimony is paid during the divorce process itself. Permanent alimony continues indefinitely (though it typically ends upon remarriage or death). Durational alimony lasts for a specific period, often related to the length of the marriage. And rehabilitative alimony supports a spouse while they retrain or re-enter the workforce.

Importantly, even permanent alimony can be modified if circumstances change substantially - such as job loss, serious illness, or significant income changes for either party. This is where having an attorney matters: modifying support requires showing changed circumstances and proving they are substantial and material.

State Law Varies Significantly

While the United States recognizes spousal support, each state has its own rules about when support is available, how it is calculated, and how long it lasts. Some states use guidelines that formula-based awards. Others leave it entirely to judicial discretion. Some states rarely award alimony at all, while others are more generous. The state where your divorce occurs matters enormously.