Legal Definitions - alimony

Alimony, also known as spousal support, refers to financial payments made by one former spouse to the other after a divorce or legal separation. The primary purpose of alimony is to help the receiving spouse maintain a reasonable standard of living, especially if there is a significant difference in their financial capacity or earning potential following the end of the marriage.

When determining whether to award alimony, how much it should be, and for how long, courts consider various factors. These often include the length of the marriage, each spouse's income and assets, their age and health, their education and earning capacity, and their ability to become financially self-supporting. Alimony payments can be made periodically (for example, monthly) or as a single lump sum.

Here are some examples of how alimony might apply:

• Example 1: Long-Term Marriage with a Stay-at-Home Parent

  After a 28-year marriage, Maria and John decide to divorce. During their marriage, Maria dedicated herself to raising their children and managing the household, while John focused on his career, becoming a highly paid executive. As a result, Maria has limited recent work experience and a significantly lower earning potential compared to John. A court might order John to pay Maria alimony to help her maintain a lifestyle somewhat consistent with what she enjoyed during the marriage and to provide financial stability as she transitions to independent living.

• Example 2: Rehabilitative Support for Education

  Sarah and Michael were married for 10 years. During their marriage, Sarah worked full-time to support Michael while he attended law school, incurring student loan debt and delaying her own career advancement. Now that Michael is a successful attorney and they are divorcing, a court might order him to pay Sarah alimony for a specific period. This "rehabilitative alimony" would help Sarah pursue her own educational goals or re-enter the workforce, compensating her for her contributions to Michael's career and allowing her to become self-sufficient.

• Example 3: Spousal Support Due to Health Issues

  David and Emily were married for 17 years. During their marriage, Emily developed a chronic illness that significantly limits her ability to work full-time and earn a substantial income. David, on the other hand, has a stable and well-paying job. Upon their divorce, a court might order David to pay Emily alimony. This support would help cover her ongoing living expenses and medical costs, acknowledging her diminished capacity for self-support due to health challenges that arose during the marriage.