It’s the punchline of a thousand bad movie jokes…but what does it actually mean? What does it entail?
What It Means
The word “alimony” is derived from the Latin alere, meaning “to nourish”, and the concept is simple: it is the legal obligation of one spouse in a marriage to provide financially for the other after separation or divorce. If it helps, think of your marriage as kind of like a cell phone contract; you can break that contract, but you’re gonna pay for doing it.
In the past, the paying spouse was invariably the male spouse…but as social norms have changed, and with the advent of same-sex marriage in many states, that’s no longer always the case.
So what does that mean for you? Will you have to pay support? Can you ask for spousal support? The answer is: it depends. Financial support is not an automatic right, but either party can ask for it during divorce proceedings. In many cases, the terms of financial support can be handled privately between both parties. But if you and your spouse can’t come to an agreement, the courts can step in, and that’s where it gets complicated.
State Laws Vary on Alimony
How support is assigned, and how much and how long, varies wildly depending upon where you live. Each state is different and your divorce lawyer will be intimately familiar with the laws in your jurisdiction. In many states, spousal support is only awarded if the marriage lasted over ten years or if you have children. (In that case, spousal support is still handled separately from child support, which is a whole other massive deal.) Some states factor marital fault into support proceedings: if you cheated on your wife, you might end up literally paying for it.
Some states have limits on how long spousal support must be paid; in Kansas, for example, payments cannot last more than ten years and one month, while in Utah, it can’t last longer than your marriage did. On the other hand, if you live in Mississippi, Massachusetts or Tennessee, you might be expected to pay until the day you die or your former spouse dies or gets remarried.
Some states have alimony pendente lite, which is basically “separation spousal support” that is paid from one spouse to another during the separation period, until the divorce is finalized. If you’re a house husband or stay-at-home dad and your wife kicks you to the curb, you can ask for “rehabilitative support” from her, which will only cover you until you can get a job and a place and get on your feet.
Where and How Much
But let’s assume you’re the one who gets saddled with making payments. How does the court determine how much you’re going to be shelling out each month? Again, it depends on where you live, but it’s also going to depend on how much you make; the standard of living you provided for your spouse during the marriage; whether your spouse supported you at any point during your marriage…the list goes on and on.
And it’s usually not going to be cheap. Generally, you won’t be asked to pay more than you can afford and still cover your own bills, but it’s important to remember that most courts consider spousal support more important than voluntary debts (like credit card bills or car payments) and won’t take those into account, which might leave you in a tricky position. The one upside is that the federal tax system allows you to deduct spousal support when filing your taxes. (If you’re receiving support, though, it’s considered taxable income.) Negotiating court-ordered support is what your lawyer’s for, but you can also use this handy-dandy calculator to get a ballpark figure.
Try To Reach an Amicable Agreement
For childless couples, negotiating spousal support can be the nastiest part of divorce proceedings. In the long run, it’s going to be a lot cheaper and less painful if you and your spouse can negotiate the terms of alimony between the two of you, and come to an amicable agreement without bringing your lawyers (and their billing departments) and a judge into it. If you can find a way to make sure that everybody gets what they think they’re entitled to, for as long as they need it, it will make the transition out of the marriage that much easier.