When a couple decides to get divorced, one of the biggest decisions they will have to make is related to alimony. Alimony is financial support that one spouse pays to the other after a divorce.
It can be a contentious issue, and there are many things that couples need to know about it before making any decisions. In this article, we will discuss some of the most important things you need to know about alimony. We will also provide some tips for negotiating alimony payments.
Know About Alimony
1. Alimony and Spousal Support are Somewhat the Same
The terms “alimony” and “spousal support” are often used interchangeably, but they actually have different meanings. Spousal support is the general term that refers to any type of financial support that one spouse pays to the other.
Alimony, on the other hand, is a specific type of spousal support that is paid after a divorce. The main difference between alimony and spousal support is that alimony is usually paid in installments, while spousal support can be paid in lump sums or in regular payments.
In most cases, alimony is paid by the higher-earning spouse to the lower-earning spouse. The amount of alimony that is paid depends on a number of factors, including the couple’s income, the length of the marriage, and the standard of living during the marriage.
In some cases, alimony may be ordered by the court. However, in most cases, it is something that couples negotiate between themselves. If you are going through a divorce, it is important to have an experienced attorney on your side to help you negotiate a fair alimony agreement.
2. Alimony Is Not Permanent
One common misconception about alimony is that it is permanent. This is not true. In most cases, alimony payments will cease once the recipient spouse remarries or begins cohabitating with another partner.
The terms of the alimony agreement will usually specify how long the payments will last. In some cases, alimony may be paid for a set period of time, such as five years. In other cases, it may be paid until the recipient spouse reaches a certain age, such as 65.
If you are ordered to pay alimony, it is important to keep track of the payments and make sure they are made on time. If you fail to make alimony payments, you could face serious penalties, including jail time.
3. Couples Can Negotiate Alimony Payments
As we mentioned before, in most cases, couples will negotiate their own alimony agreements. This can be done with or without the help of an attorney. If you are going through a divorce, it is important to sit down with your spouse and discuss your alimony options.
There are many factors that you will need to consider when negotiating an alimony agreement. These include the length of the marriage, the couple’s income, the standard of living during the marriage, and each spouse’s ability to support themselves after the divorce.
It is also important to consider the tax implications of alimony payments. Alimony payments are considered taxable income for the recipient spouse. For this reason, it is often beneficial for couples to negotiate a lump-sum alimony payment rather than regular payments.
4. Alimony Isn’t Automatic
Another common misconception about alimony is that it is automatic. This is not true. In most cases, couples must specifically request alimony in their divorce agreement. If you want to receive alimony, you will need to include this in your divorce agreement.
If you are the spouse who will be paying alimony, you may want to consider requesting a prenuptial or postnuptial agreement. These agreements can help protect your assets in the event of a divorce.
A prenuptial agreement is a contract that is signed before marriage, while a postnuptial agreement is signed after marriage. Both types of agreements can specify how assets will be divided in the event of a divorce.
5. Infidelity Can Cause Automatic Alimony Payments
In some states, infidelity can cause automatic alimony payments. This means that if one spouse cheats on the other, the cheating spouse will be ordered to pay alimony.
However, not all states have this rule. In most states, infidelity is not a factor that is considered when determining whether or not to award alimony. It’s also important to point out that dueling affairs can void alimony payments for the dependent spouse.
If you are concerned about infidelity and its impact on your divorce, it is important to speak with an experienced family law attorney who can answer your questions and help you understand your rights.
6. Alimony Agreements Can Be Modified
In some cases, alimony agreements can be modified after the divorce is final. This usually happens if there is a significant change in circumstances, such as one spouse losing their job or getting a significant pay raise.
If you want to modify your alimony agreement, you will need to file a petition with the court. The court will then review your case and decide whether or not to modify the terms of your alimony agreement.
It’s also important to point out that alimony agreements can be terminated before they are scheduled to end. This usually happens if the recipient spouse remarries or cohabitates with another partner.
7. The Length of Your Marriage Will Matter
When it comes to alimony, the length of your marriage will matter. In most cases, spouses who have been married for a long time will be eligible for alimony payments. This is because they likely relied on their spouse’s income during the marriage and may not have the ability to support themselves after the divorce.
On the other hand, spouses who have been married for a shorter period of time are less likely to be awarded alimony payments. This is because they likely have not had enough time to rely on their spouse’s income and are more likely to be able to support themselves after the divorce.
Wrapping It Up
Alimony is a complex issue that can be difficult to understand. If you are going through a divorce, it is important to speak with an experienced attorney who can answer your questions and help you understand your rights.
Keep in mind that each state has its own laws regarding alimony, so it is important to consult with an attorney who is familiar with the laws in your state. Additionally, alimony agreements are often negotiable, so it is important to have an experienced attorney on your side who can negotiate a fair agreement on your behalf.
