How Do Alimony Payments Work? 2024 Guide to Spousal Support
Key Takeaways
- Many states refer to alimony as spousal support or spousal maintenance.
- Most states give the court discretion in determining the amount of alimony payments and the length of time a payer must pay.
- Maintenance or alimony is no longer taxable, thanks to tax cuts in 2018.
- If your divorce decree was dated prior to 2018 and you have not modified it, the payments still have tax implications.
- The court has several methods to enforce alimony.
It is crucial to recognize that alimony may be called a different name in your state. Alimony can be referred to as spousal support or maintenance in many states. As you read this guide, consider that some terms may vary depending on your location.
If you are going through a divorce and worried about your assets and what you might have to pay, consider hiring experienced divorce attorneys at Cordell & Cordell.
What is Alimony?
Alimony, often referred to as spousal support or spousal maintenance in many states, is the financial support one spouse pays to the other. The court considers several factors, including:
- Giving one spouse the time to hone his or her work skills and find a better-paying job
- Giving one spouse time to obtain the education required to find a better-paying job
- When the salaries of each spouse are so different, the receiving spouse needs it to continue living in the manner to which he or she is accustomed
- When one spouse is found wasting assets before or during the divorce
- When one spouse commits a “fault” during the marriage, such as being unfaithful
How is Alimony or Maintenance Awarded?
In most states, alimony or maintenance awards are at the discretion of the court. However, the court can’t just pick a number out of thin air. Most states use several of the following factors to determine who should receive alimony or maintanence, how much per month, and for how long.
- The parties’ current income
- Asset division
- Both parties’ earning potential
- The duration of the marriage
- The contributions to the marriage
- The ability of the higher-earning spouse to support two households
- Whether one spouse supported the home while the other received an education or created a business
- The standard of living during the marriage
- Whether one spouse was a homemaker or stayed home with the children
- Whether the parties have children, and if so, whether child support is required
- The age and health of the parties
- The emotional health of the parties
- Ongoing responsibilities for the children of the marriage
- Tax consequences
For example, Texas does not count the recipient’s income, but it has other factors that help keep the monthly payments lower.
How Much Can You Receive or Pay in Alimony?
Again, it’s important to note that many states use the term “maintenance” or “spousal support” when discussing the concept of alimony. Speak with an attorney in your state for specific information, as each state enforces alimony/maintenance orders differently. However, enforcement is not usually automatic – you have to file a motion with the court to enforce the divorce decree or separation agreement. While every state is different, they are all universal for some things, such as how they enforce maintenance payments.
States also vary in the types of alimony the courts will order. Most states have some form of:
- Temporary alimony during the pendency of the divorce
- Permanent or indefinite alimony is often based on the duration of the marriage and other factors in states that offer this
- Rehabilitative alimony, sometimes referred to as bridge-the-gap alimony, allows one spouse to obtain the training or schooling necessary to become self-sufficient
- Lump-sum alimony, which is often by agreement of the parties. In some cases, the court may order lump-sum alimony if the payor has the cash or assets to cover it.
Some states, such as California, rely heavily on the duration of the marriage. For example, in California, spousal support can be indefinite if you were married for 20 or more years. However, if you were married for less than 20 years, you can only collect alimony for half of the duration of the marriage.
If you have a significant change in financial circumstances, you can ask the court to abate alimony payments. Some reasons for abatement include:
- Retirement
- Suffering a long-term illness
- Becoming permanently disabled, such as receiving injuries from a car accident that will prevent you from working again
- Remarriage of the receiving spouse
How Long Are You Required to Pay Alimony or Maintenance?
The short answer is, “It depends.” Your situation plays a large role in how the court will order these payments, including the type, amount, and duration. A former spouse could pay for:
- A set amount of time
- Until a specific milestone is reached, such as the remarriage of a former spouse, retirement for the payor, or the death of either spouse
- Indefinitely if a former spouse is disabled or elderly
In any case, either party can ask for a modification of an alimony or maintenance award if he or she experiences significant changes in income.
Why Work with Cordell & Cordell
A lot of factors go into determining alimony, including evidence that your spouse “needs” the extra support. An experienced divorce lawyer at Cordell & Cordell can assist you in defending or prosecuting your case involving alimony payments through final judgment.
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Additional Resources
- Why Don’t More Men Ask For Alimony? – In the past, it wasn’t common for men to ask for alimony, as they almost always made more than women. In today’s world, a woman can easily make more than a man, and it is more common for a man to stay home with the children.
- Male Client Receives Alimony; Cordell & Cordell Attorney Successfully Defends Appeal – An appellate court in Nebraska ruled in favor of a man who received an alimony award based on his contributions to the marriage.
Find Out if You Can Receive Alimony in Your Situation
Cordell & Cordell is a national law firm that represents men in various family law matters. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal separation case.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
The tax rules for alimony/maintenance changed in 2018. While alimony/maintenance was taxable to the receiving spouse and a deduction for the paying spouse on income tax returns, that is no longer the case. If your divorce decree is dated prior to Dec. 31, 2018, and you have not modified it, alimony/maintenance is still taxable under tax law. However, if your divorce decree is dated after Dec. 31, 2018, alimony/maintenance is no longer taxable, and your ex-spouse does not have to claim it.
For tax purposes, if your divorce decree was dated prior to Dec. 31, 2018, you must still report alimony or maintenance, as it was taxable. Taxpayers paying alimony can still deduct it, and their spouses must claim it as income. However, the Jobs Act also states that if your divorce agreement was dated prior to 2018 and you modify it after 2018, you can no longer claim alimony on your tax return.
In many states, when the court orders maintenance or alimony payments, it also orders income withholding. In some states, the state only orders income withholding if the parties are also paying child support, and in some states, the court does not order income withholding.
If you cannot make maintenance or alimony payments and you have a significant change in circumstances, you should file a downward motion of alimony with the court. If you do not, and your spouse files a motion alerting the court that you are not paying, the court has several options it can take, including:
- Wage garnishment
- Collection from a bond or assets posted to secure alimony payments
- Interception of tax refunds
- Interception of unemployment, disability benefits, or workers’ compensation benefits
- Seizing your bank account
- Property liens
- License suspension, including driver’s license, professional license and business license
- Money judgments and writs of execution to collect spousal support
- Contempt of court, which can come with sanctions such as fines or jail time
Criminal charges
Alimony and child support payments are two different things. Child support is to support your minor children. Most states have a formula to determine child support.
Alimony, maintenance, or spousal support provides financial assistance to your ex-spouse. Most courts have a set of guidelines to follow and have a significant amount of discretion in awarding alimony.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.