Alimony / Maintenance
What many people still think of as "alimony" is now called "maintenance" or "spousal support" in most states. Guidelines governing the amount and duration of maintenance awards vary from state to state. In some states, permanent maintenance may be awarded, while in others maintenance awards are limited to short term "rehabilitative" payments that help a spouse with little or no income attend school or rejoin the workforce.
In most states, maintenance is determined based on the economic capacity of the parties and the ability of each to be self-supporting, without reference to fault.
How Maintenance Is Calculated
While the specifics vary significantly from state to state, factors the courts rely on in granting maintenance may include:
- The income and property of each party, including:
- The needs of each party
- The present and future earning capacity of each party
- Loss of earnings or earning capacity because of the role a spouse played in the marriage (for instance, as a full time homemaker who has been out of the workforce for years)
- The time required to obtain appropriate education, training, and employment;
- The standard of living established during the marriage;
- The length of the marriage;
- The age and health of the parties;
- Contribution by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- Any existing, valid agreement between the parties;. and
- Other equitable factors.
In some states, maintenance will terminate if the recipient remarries.
Divorce Case Review Click Here
In a few states, the parties can agree on a lump sum payment in lieu of monthly alimony payments. In many cases, a lump sum maintenance payment benefits both parties. It allows a single transaction that does away with the need for continued contact, administration, and follow-up. However, there are some risks to a lump sum payment. If you are the receiving spouse and your circumstances change, you may not have the right to ask the court for an additional amount of maintenance. Furthermore, there may be tax consequences if you receive alimony in a lump sum.
Please read our state law section to learn more about the specific alimony and maintenance laws in your state.
If you would like to speak to a local divorce attorney about your right to maintenance, or if you're ready to file for divorce, we make it easy for you to do so. Simply call our number, 1 (877) 349-1310, and you will be connected with a participating divorce attorney in your area.