Spousal Support and Alimony
A comprehensive guide to spousal support (alimony) in divorce. Learn about the different types, how courts determine the amount and duration, and what circumstances can lead to modification or termination.
What You'll Learn
- Identify the different types of spousal support and when each applies
- Understand the factors courts use to determine alimony amounts and duration
- Know when and how spousal support can be modified or terminated
1. Types of Spousal Support
Spousal support comes in several forms. Temporary support is paid during the divorce proceedings. Rehabilitative support helps a lower-earning spouse gain education or job skills to become self-supporting. Permanent support (now rare) continues indefinitely, typically in long marriages where one spouse cannot become self-sufficient. Reimbursement support compensates a spouse who supported the other through education or career development. Lump-sum support is a one-time payment in lieu of ongoing payments.
Key Points
- Temporary support maintains the status quo during divorce proceedings
- Rehabilitative support is the most common type and has a defined end date tied to achieving self-sufficiency
- Permanent alimony is becoming increasingly rare and is typically reserved for very long marriages
- Lump-sum alimony provides certainty for both parties but requires sufficient liquid assets
2. Factors Courts Consider
Courts evaluate numerous factors when setting spousal support. These typically include the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, each spouse's age and health, contributions to the marriage (including homemaking and childcare), and the division of marital property. Some states have formulas or guidelines, while others give judges broad discretion.
Key Points
- Marriage length is one of the strongest predictors of alimony duration
- The income disparity between spouses is central to the amount awarded
- Non-financial contributions such as homemaking and child-rearing are recognized
- The receiving spouse's ability to become self-supporting is a key consideration
3. Duration and Amount
Some states use guidelines, formulas or caps for alimony duration and amount. Some tie duration to the length of the marriage by statute: Massachusetts, for example, limits general term alimony to 50 to 80 percent of the marriage's length for marriages of 20 years or less. Amount rules differ too: Massachusetts generally caps alimony at the recipient's need or 30 to 35 percent of the difference between the spouses' gross incomes, and judges can deviate. Short marriages (under 5 years) may result in little or no alimony, while marriages of 20 or more years may result in long-term or indefinite support.
Key Points
- Short marriages typically result in shorter or no alimony periods
- Long marriages of 20 or more years may qualify for long-term alimony
- Some states now set formulas or caps by statute to make awards more consistent
- Some states limit the combined burden: Illinois lets a court depart from its maintenance guideline when child support and maintenance together exceed 50% of the payer's net income
4. Modification and Termination
Spousal support can generally be modified if there is a substantial change in circumstances, such as job loss, retirement, disability, or a significant increase in the recipient's income. Support typically terminates upon the death of either party, the remarriage of the recipient, or the end of the specified duration. Some agreements include cohabitation clauses that reduce or terminate support if the recipient lives with a new partner.
Key Points
- Modification requires proof of a substantial and involuntary change in circumstances
- Remarriage of the recipient almost always terminates alimony
- Cohabitation may reduce or end support depending on the agreement and state law
- Retirement of the paying spouse may be grounds for modification
Key Takeaways
- Alimony paid under agreements executed after 2018 is no longer tax-deductible for the payer, and the recipient does not include it as taxable income under federal law.
- The trend nationwide is toward shorter, rehabilitative alimony rather than permanent lifetime support.
- Some states have enacted alimony reform laws that cap the duration and amount of spousal support.
- Voluntary underemployment by either spouse can be addressed by the court imputing income at the higher earning capacity.
- Prenuptial agreements that address alimony are generally enforceable if they were executed fairly and with full financial disclosure.
Common Questions
1. What is rehabilitative alimony?
2. How has the 2017 Tax Cuts and Jobs Act affected alimony?
3. What constitutes a substantial change in circumstances for modification?
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FAQs
Common questions about this topic
Absolutely. Alimony laws are gender-neutral. The lower-earning spouse, regardless of gender, may receive support. As more women out-earn their husbands, the number of men receiving alimony has been increasing.
Yes, prenuptial agreements commonly address alimony. They may waive it entirely, set a predetermined amount, or establish a formula. However, courts may refuse to enforce alimony provisions in prenuptial agreements if they are deemed unconscionable or if circumstances have changed dramatically.