Key Takeaways
- Alimony is a payment made from one spouse to the other after a divorce.
- Alimony laws differ in each state. Some make it an automatic component of the divorce proceedings, while others require the receiving spouse to request it.
- Knowing what to expect from alimony payments often requires discussing your current financial situation with your attorney.
- Cordell & Cordell offers comprehensive support for alimony to men and fathers facing divorce.
Alimony, a payment from one spouse to the other, differs in each state. In some states, it is called spousal support; in others, it is called maintenance. For the sake of brevity throughout this piece, we will refer to it as alimony. Contact your local divorce attorney to clarify the specific requirements in your state.
If you have been the primary provider for your spouse and children and your spouse is not able to support themselves, you probably will have to pay some form of spousal support.
In many states, there is no hard and fast method of calculating alimony payments. And to be quite frank, estimating what a judge may do is often fruitless.
Because the laws of many states allow so much judicial discretion in calculating alimony, the methods and manners for determining whether alimony is appropriate and/or how much alimony should be paid may vary from court to court.
If you have any questions or concerns about whether you are going to be required to pay alimony, it is a good idea to get in touch with a men’s divorce lawyer who understands the laws in your state.
What is Alimony?
Alimony, also called maintenance or spousal support, is a certain amount of money paid from one spouse to the other after a divorce or during the divorce process. These payments are included in a divorce agreement to help provide financial support for one spouse as they work to reestablish their lives and maintain a similar lifestyle to that of the marriage.
The court determines if alimony is granted and how much is provided. In some situations, it will also limit the timeframe for which a person receives alimony.
Is it Mandatory to Pay Alimony After a Divorce?
No, it is not mandatory that one spouse pay alimony or maintenance to the other after a divorce unless and until the court rules that this is required.
Every state has different rules on when and how alimony is awarded (and different terminology for alimony itself). In many situations, it is up to the party that wants to receive the funds to request it from the court. This typically must be done as you petition the court for divorce, but that could change from one state to the next. Some states award spousal support on a case-by-case basis, while others have a built-in system to determine if it is necessary and award it automatically as a component of the divorce filing.
What Qualifies a Spouse for Alimony?
Numerous factors play a role in whether or not a maintenance or alimony award is ordered. The court will look at various factors to determine if it is warranted. Some of those factors include:
- The standard of living both had during the marriage
- The earning potential of each spouse at the end of the marriage and over time
- The length of the marriage, noting that the duration of the marriage may also influence how long alimony continues
- Whether there are children and whether one party is paying child support to the other for child custody
- The contributions of each spouse to the marriage, such as whether one stayed home with children while the other built a career
- The ability of the higher-earning spouse to afford to make payments to the lower-earning spouse
- The amount of education, training, and skills each spouse has
How Long Do You Have to Be Married to Get Alimony?
The length of time you must be married to begin receiving alimony is dependent on numerous factors and will vary in most states. However, if the marriage is very short, such as under one or two years, the award of alimony is less likely than if the marriage fails after a decade.
The family law court in your state will also use other information to determine the length of maintenance or alimony payments. Again, it’s important to understand that various states use different terms for alimony, so speaking with a local divorce attorney will provide better specificity in your case. Some factors that may be considered for these payments include:
- Temporary alimony or maintenance: This may be awarded while the divorce is in process as a way to maintain the standard of living and keep bills met until an agreement is reached.
- Permanent alimony or maintenance: Awarded for the duration of a person’s life or until specific situations occur, permanent alimony is paid on a monthly basis over the long term.
- Rehabilitative alimony or maintenance: This type of alimony typically is paid for a specific length of time while the lower-earning spouse updates their education or skills to be able to reach a level of self-support.
Also, note that a lump-sum payment is an option in some states. This could mean that one party in the marriage receives a specific lump sum payment at the end of the marriage, often in exchange for ongoing alimony payments.
What Happens If You Cannot Make Alimony Payments?
If you cannot make court-ordered support payments, it is critical that you take action. That often means contacting a local Cordell & Cordell divorce attorney to guide you. States enforce alimony as they do other details within the court order provided during the divorce.
If you fail to make spousal maintenance payments for any reason, the receiving spouse may pursue a contempt claim. This could lead to court-ordered wage garnishments or a limited amount of time to get caught up.
The rules in each state differ. If you are at risk of missing these payments to your ex-spouse, contact your family law attorney for guidance and potentially requesting changes.
Additional Resources
- Why Don’t More Men Ask For Alimony? — Though many men could ask for transitional or ongoing alimony, some choose not to do so. The key here is to know your rights. For those who could benefit from spousal support payments, it is your right to request them from your former spouse.
- Male Client Receives Alimony; Cordell & Cordell Attorney Successfully Defends Appeal — The supported spouse can be male. It is a misconception that men must be self-sufficient and wind up without support in the divorce proceedings. Learn about how we helped our client through our legal advice.
Why Work With Cordell & Cordell
With the years of experience we bring to the table, Cordell & Cordell is the family law attorney to turn to when you face questions about post-divorce payments, including child support payments, spousal support, and property division.
We fight specifically for men by providing clarity in their divorce cases. You can trust our team to always support you throughout this process.
Client Experiences
“Professional in all aspects and truly provided great advice.”— A.O.
“You all were wonderful to work with. I accomplished the intended goal and was pleased with the result.” – David C.
“Everything went smoothly. [My lawyer] gave me all my options and was always there and available when needed.” – Dale W.
Find Out If You Can Receive Alimony
As a law firm committed to helping represent our clients in the divorce process, we are here for you whether you are the paying spouse or the receiving spouse. Contact Cordell & Cordell to explore the options that are available to you.
Please note that Cordell & Cordell is a national law firm helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice.
Contact Cordell & Cordell now to schedule a consultation to discuss your options. Call us at 866-DADS-LAW (323-7529) or fill out our contact form to learn more.
Frequently Asked Questions
The length of time the dependent spouse will receive income is dependent on various factors. In some situations, this period is short, such as during the divorce process. In many states, it is usually a portion of the length of the marriage or a structured timeframe meant to support the recipient spouse until they can be self-supporting.
All states enforce alimony when it is a part of the divorce decree. If the state puts in place a requirement based on earning capacity or other factors, and you fail to make those payments, you may be in violation of a court order. That will lead to action by the court to recover those costs.
Penalties for those who do not pay differ from state to state. They may include wage garnishments, which means money is taken from your paycheck. Other states may hold you in contempt of court, which could lead to fines and jail time.
The court can put in place a support order for a temporary situation, such as while the divorce is pending. Many times, alimony is put in place for a specific length of time, such as until remarriage, the individual gains key skills, or for a fraction of the length of the marriage.
Though conduct can bar permanent alimony, the court can enter an award for temporary alimony.
However, not all states award temporary alimony. If you are unsure of what is legal in your state or what your support order means, contact a divorce attorney to discuss your case. If you expect to receive alimony or you want to dispute an award, seek legal guidance for this process.
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.
