What Is Alimony Based On?

The honeymoon is over, and now you and your spouse are staring down the barrel of divorce. Child support is pretty clear, but how does alimony work? The answers to your questions are below.

What is Alimony?

Alimony is financial support given to one spouse by another that is either based on an agreement between the divorcing couple or a decision made by the court. The party who has earned the most money during the marriage typically pays alimony since he or she was considered the breadwinner during the union.

What is the Purpose of Alimony?

The idea behind alimony is that the spouse who has given up his or her career prospects for the sake of the marriage should not be forced to suffer after the union ceases.

● A stay-at-home mom, for instance, who could have progressed in her field of practice if not for her husband’s wishes that she remain home with the kids, should not lose the financial stability she received during the marriage. She should instead have the opportunity to begin her career afresh or find a new trade while receiving support from her former husband.

● The spouse who earned less during the marriage is entitled to maintain the standard of living that he or she is accustomed to even after the divorce. It would be unfair for a man who earns $20,000 per year to suddenly be forced to adjust his budget because his wife of ten years who makes well over $100,000 annually wants a divorce. She should provide him with continued financial support that allows him to continue the lifestyle he became accustomed to during their marriage.

Regardless of the motivation behind alimony, many individuals petition the courts to receive alimony during divorce proceedings.

How is Alimony Determined?

Unlike child support where determining the amount a parent should pay in support of the kids is broken down to a science, there is no particular formula for deciding on an amount for alimony payments. Most courts make use of the Uniform Marriage and Divorce Act, which recommends considering the following in cases of spousal support:

● The age of the former spouses

● The physical, mental, and financial health of both parties involved

● The amount of time the recipient needs to become self-sufficient

● Standard of living during the marriage

● The ability of the paying party to support the former spouse while remaining self-sufficient

The court typically uses all of these factors when determining how much the paying party should contribute and for how long such support should last. While most awards end if the recipient chooses to remarry, no legal stipulation relieves the paying party of the financial burden of alimony if the receiving spouse elects to marry someone else.

How is alimony enforced?

Spousal support is a court order and, thus, enforced as such. While wage garnishment and liens may not automatically be attached to the order as with child support, there are several things that a recipient can do to ensure payment of alimony.

You should contact a family law attorney if you need your spousal support court order enforced or if you have other questions concerning alimony.