The Differences Between Temporary and Permanent Alimony
Posted on Jan 1, 2012 12:00pm PST
If you are involved in a divorce case, it may include a discussion on alimony. Alimony is a regular payment that is sent from one spouse to another in the form of "spousal support." This is based on the fact that spouses have the responsibility to support each other equally. Some couples outline alimony agreements before they get married in a prenuptial agreement, but others wait until their divorce to sort out these details. Spousal support is not the same thing as child support. While child support is concerned about the needs of the child, spousal support is more concerned with helping ex-spouses to stay financially afloat. A judge determines the value of alimony payments and the duration of those payments due to the nature of the couple's marriage.
Most often, alimony is used to help a spouse regain economic independence after marriage. This is known as temporary alimony, or alimony pendente lite. While some spouses will voluntarily pay temporary alimony, it is usually appointed by the court. This transaction only occurs while a couple is legally separated, but the divorce has not yet been finalized. The recipient can use this money to establish him or herself financially while adjusting to the single lifestyle. If one spouse is taking care of children, financial aid from an ex-husband or wife may be essential. The government will inspect both partners to ascertain their ability to pay alimony and their current incomes. For example, in a marriage where the man works full time and the woman is a stay-at-home-mom, he will most often need to pay her alimony. A court can force individuals to pay due alimony, but other times may waive unpaid dues if the recipient is financially stabilized. The court will investigate the length of the couple's marriage, as well as the age and health of both spouses to determine whether or not alimony is necessary.
To request temporary alimony, you must file in a petition or motion at the divorce court. The spouse requesting must show marital relation to the person he or she wants alimony from. The requesting spouse also needs to prove his or her financial need and provide evidence that the party that would be paying the alimony has the financial means to do so.
While temporary alimony ends when the divorce is final, permanent alimony goes on indefinitely. This is a financial need that is largely determined by the economic standing of one spouse. Divorce courts will evaluate the length of a couple's marriage to determine whether or not these payments are needed. A marriage that lasts over five years is normally considered long and possibly eligible. Earning capacity, contribution as a homemaker, age and health, and contribution to a spouse's education and career all factor into a court's decision to award permanent alimony.
Alimony can fluctuate depending on the ex-spouses' circumstances. If the paying spouse loses his or her job or retires, the payment may decrease. As well, if he or she inherits a large sum or receives a significant pay raise, the court may declare that the paying spouse adds extra cash to the alimony payments. Permanent alimony continues until the court deems it void. Usually, if the recipient spouse remarries or cohabitates with another man in a permanent nature then alimony is concluded. Also, if either partner passes away, this terminates the alimony payments. If you are involved in a divorce and are considering alimony, talk to your family law attorney to determine the plan that is right for you.