Families logo

A Helpful Guide on Alimony and How it is Awarded

A helpful guide on alimony from attorneys in Knoxville TN, before you apply for a divorce.

By Robert SmithPublished 2 years ago 5 min read
Like

It's a common belief that alimony is a guaranteed result of a divorce settlement. But in reality, the court orders alimony only when it finds that the spouse seeking alimony is indeed financially needy and needs spousal support. It could be because he or she spent time looking after children but didn't work, as a stay-at-home mom, or is ill and thus incapacitated to find another job. Even if your partner earns more than you do (or vice versa), it won't necessarily result in getting alimony.

So this brings us to the important question of what is alimony and how the judge decides how much alimony to award? The expert Knoxville divorce lawyers have answered all these questions and much more in the detailed guide on Alimony below. So keep reading to know more.

What is Alimony?

Alimony is financial support paid by one spouse to the other after the divorce. It's also called spousal support or maintenance. Alimony can be granted for a temporary period of time:

  • Until the receiving spouse finds a job
  • Until the children are grown up and no longer dependent on either spouse
  • And lastly but, permanently if it's a long-term marriage

Alimony is different from child support, which is money that the court orders a noncustodial parent to pay toward expenses for his or her children. When there's no custody involved, the money goes directly to the other spouse.

The amount of alimony awarded has nothing to do with who cheated on who, who contributed more financially to the marriage, whose fault was it that the couple couldn't work things out, or any other factor related to divorce.

The amount depends solely on whether the spouse asking for alimony has a need and how much he or she can pay.

Types of Alimony

There are four different kinds of alimony:

  • Temporary
  • Rehabilitative
  • Periodic
  • Lumpsum

The amount and duration vary by court and state laws.

Temporary Alimony

When there is a long-term marriage, then temporary alimony may be ordered by the court. This can also apply to short-term marriages that are over ten years in length with no minor children involved.

Rehabilitative Alimony

Rehabilitative alimony is paid while a person goes back to school to gain education and skills in order to support themselves.

Periodic Alimony

This is permanent alimony and continues for life (unless a court order says otherwise) until the receiving party dies or remarries.

Lump Sum Alimony

This type of alimony is a one-time payment of money to the receiving spouse.

How is Alimony Calculated?

The most common method for determining permanent alimony is to use formulas provided by each state. These formulas take into consideration that the spouse requesting it would need money to meet his or her minimum reasonable needs. That includes food, clothing, shelter and utilities (including health insurance). The formula takes into account all of the financial resources available to the requesting spouse, including things like retirement benefits and social security.

How the Alimony Is Determined

Couples in a divorce settlement can negotiate alimony terms through their hired attorneys in Knoxville TN, or they may ask for court intervention if they feel that negotiations aren't yielding satisfactory results.

The American Bar Association (ABA) provides these general guidelines on how alimony is determined:

Duration of marriage

The longer a couple has been married, the more likely it is that there's a need for alimony. However, younger marriages aren't exempt from receiving support payments, especially if one person works in a higher-paying industry and can't find similar work at their age.

Length of separation

When spouses live separately for an extended period of time, the court may come to the conclusion that there's no need for alimony.

Age and health of parties

The court considers these factors when determining alimony payments because they're more likely to be severely financially hurt by divorce. Older individuals are also at greater risk of needing support after their retirement or if they have a medical condition that might hinder them from finding another job.

Standard of living during the marriage

If spouses were accustomed to a certain lifestyle and the court is awarding alimony, it's more likely that they'll need support payments to maintain this standard. If one spouse can't afford it and the other isn't financially needy, the living standards typically revert to how it was before, and assets and liabilities are divided accordingly.

Earning potential of each party

The court considers this when determining alimony because it could lead to an unfair distribution of wealth if one spouse earns significantly more than the other, but doesn't have the means to support him or herself. Alimony would bridge this gap, but it's also possible that one spouse could lose out on these payments if he or she decides to get a higher-paying job.

Financial needs of each party

These can include health care, housing, food, and insurance in addition to alimony because the court wants the person with less financial resources to maintain a similar standard of living.

Education and job training of each party

The court is more likely to award alimony if one spouse has professional or technical training, but can't find work in their field because they need costly licensing or certification requirements. Having that knowledge doesn't automatically entitle them to spousal support, but it can be a factor in determining how much money is awarded and for how long.

Contributions to the marriage by each party

This could mean that one spouse has taken care of children or home duties while the other worked and advanced his or her career. It could also mean that one party abandoned work for minimal pay to advance the other's career. If one party made significant sacrifices to benefit the marriage, the court presumes that they deserve compensation for their efforts if their marriage fails.

These are just general guidelines because specific courts may have different interpretations of what qualifies as alimony and how much should be paid. Individuals going through a divorce could benefit from the help of a qualified divorce attorney in Knoxville TN that can present evidence and argue a case for what's best for their client.

Conclusion

Alimony is a hot topic for debate as it invokes resentment from one or both spouses because they feel that they don't deserve to be supported by their former partner. In any case, getting this ruling affects you financially for life – even if you remarry. So it's important to be informed before you get married.

If you're considering divorce, the best thing that you can do to protect yourself is hire an experienced Knoxville divorce attorney. This way, you'll learn what's expected of you in court. And how to position yourself for a successful outcome that minimizes the financial impact on your life.

divorced
Like

About the Creator

Robert Smith

Reader insights

Be the first to share your insights about this piece.

How does it work?

Add your insights

Comments

There are no comments for this story

Be the first to respond and start the conversation.

Sign in to comment

    Find us on social media

    Miscellaneous links

    • Explore
    • Contact
    • Privacy Policy
    • Terms of Use
    • Support

    © 2024 Creatd, Inc. All Rights Reserved.