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Divorce

Alimony

Alimony (also called spousal support or spousal maintenance) is court-ordered financial payments that one spouse makes to the other after divorce to help support their living expenses.

What It Means in Plain English

Alimony is money paid from one ex-spouse to the other, typically when there's a significant difference in income or earning capacity between the two. The purpose is to help the lower-earning spouse maintain a reasonable standard of living after the marriage ends — particularly when one spouse gave up career opportunities to support the family or raise children.

Courts consider many factors when deciding whether to award alimony: the length of the marriage, each spouse's income and earning potential, the standard of living during the marriage, contributions each spouse made to the other's career or education, and each spouse's age and health. Short marriages typically result in little or no alimony; long marriages where one spouse sacrificed career advancement often result in significant awards.

Alimony can be temporary (during the divorce process), rehabilitative (for a set time to help the receiving spouse become self-sufficient), permanent (in longer marriages when self-sufficiency isn't realistic), or lump-sum. Most alimony is modifiable if circumstances change significantly — like the receiving spouse remarrying or the paying spouse losing their job.

Why It Matters for Your Case

Whether you're the one who might pay or receive alimony, understanding how it works helps you negotiate more effectively. Alimony is often the most heavily negotiated element of a divorce, especially in long marriages with significant income disparity.

Tax rules around alimony changed in 2019 for divorces finalized after January 1, 2019: alimony is no longer deductible by the payer or taxable income for the recipient. This change affects how both parties should negotiate alimony amounts, so make sure your calculations reflect current tax law.

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Real-World Example

For example, after a 20-year marriage, Patricia's husband earned $180,000 a year while she worked part-time ($30,000) to manage their home and children. At divorce, the court awards Patricia $3,500 per month in alimony for eight years to give her time to retrain and re-enter the workforce at a higher earning level. After eight years, alimony automatically ends.

Related Terms

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Important Disclaimer

JustiPal™ is not a law firm. This content is for educational purposes only and does not constitute legal advice. Your specific situation may differ. For advice about your case, consult a licensed family law attorney.

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