What Is Alimony and How Do Courts Decide to Award It? (2024)

What Is Alimony?

Alimony goes by many names, depending on your state. “Spousal support,” “spousal maintenance,” and “maintenance” all refer to the same concept. State laws define alimony as a payment from one ex-spouse to another after divorce.

What is the purpose of alimony? The goal of alimony is to address economic disparities between the parties so they can maintain the standard of living they had during marriage.

Suppose one spouse skipped college so they could work to put the other spouse through medical school. In a divorce, the first spouse would argue that they deserve alimony for several reasons, including:

• The lack of a college degree means fewer job prospects.

• Skipping higher education translates to a lower earning capacity.

• The doctor likely makes more money than they need to live comfortably.

• Allowing the doctor to benefit from their sacrifice would unjustly enrich them.

The divorce judge would balance the factors under the state’s laws and decide whether to award alimony to the petitioning spouse. The parties can also enter into a divorce settlement that provides alimony.

How Do I Get Alimony in Divorce Proceedings?

The number of divorces does not correlate to the number of spouses who must pay alimony. A court will not award alimony in every divorce. Instead, a party must ask for it and prove that they meet the requirements for an alimony award under the state’s law.

States vary significantly in the requirements for alimony. For example, Texas limits alimony to spouses who lack the property to meet their minimum reasonable needs and can prove any of the following:

• The other spouse was convicted of domestic violence within two years of the divorce.

• The requesting spouse has an incapacitating physical or mental disability.

• The spouse cares for a special needs child who requires care and supervision.

• The spouse was married for at least 10 years and lacks the income to meet their needs.

Conversely, many other states allow any spouse to request alimony, although they might not receive it after the court balances the statutory factors. Unlike Texas, these states do not categorically exclude certain spouses from requesting alimony.

Some states even move in the opposite direction. California allows fiances to restrict alimony awards in a prenuptial agreement. However, the state does not enforce agreements to waive alimony unless the party making the waiver had legal representation when negotiating the agreement.

In other words, even spouses who knowingly waived alimony in a prenup can still seek it in a divorce if they did not have a lawyer.

What Is Alimony Based On?

States use a few different systems to determine when the court may order alimony.

Balancing of Factors

Most states balance a list of factors to decide whether to award alimony and, if so, how much to award. Florida’s alimony statute lists many of the factors states commonly use. In fact, Texas weighs substantially the same factors as a court in Florida after determining a spouse’s eligibility for alimony. These factors include the following:

• Duration of the marriage

• Standard of living during the marriage

• Needs of each spouse after the divorce

• Age of each spouse and their physical, mental and emotional health

• Resources and income of each spouse

• Earning capacities, education and employability of each spouse

• Contributions during the marriage, including childcare and homemaking

• Custody arrangements and whether any children have special needs

A few states also look at the reasons for divorce when awarding alimony. For example, Louisiana examines fault when determining alimony. In this state, divorce petitioners will typically need to pursue a fault-based divorce if they plan to seek alimony, citing reasons like adultery, abandonment or domestic violence.

Calculating Alimony Payments

What is alimony income, and more importantly, how does a court calculate it? Again, every state handles alimony calculations differently. The core of the calculation is fairness. A court tries to award an amount that helps the lower-earning spouse meet their needs without overburdening the higher-earning spouse.

A court can do this in a few ways. First, the court must decide whether to make an alimony award temporary or indefinite. Some alimony examples where a judge might order temporary support include the following:

• Support for a spouse in college until they finish their degree

• Support for a few years after a short marriage

• Support that ends when the spouse retires

Conversely, the court may order that alimony continue indefinitely. For example, an award might continue until an ex-spouse dies, remarries or cohabits with someone.

Second, a court must determine how much to award. Some states provide a table for alimony, meaning that the spouses submit their financial records to the court, and the judge simply plugs them into a spreadsheet to determine the amount to award. Massachusetts, for example, caps the time and amount, although both are generous.

Other states leave judges some discretion to craft a fair award. Even these states will allow appeals courts to review the judge’s calculations to ensure they comply with the state’s laws and policies.

When calculating the amount, judges will occasionally allow the spouses to trade property for alimony. For example, a spouse might agree to surrender their interest in the family home if the other spouse agrees to waive any alimony claims. A property division lawyer can help spouses decide whether this represents a fair exchange.

Learn More About Alimony From ConsumerShield

Alimony is one of the more complicated issues that can arise in a divorce case. Every state uniquely approaches alimony, and you may need legal representation whether you are requesting alimony or on the receiving end of a request to pay.

ConsumerShield can help you by connecting you with a lawyer for advice and representation. Contact us for a free case evaluation.