The court will schedule a hearing where both sides will be able to present their positions regarding alimony. After considering the arguments and evidence presented at the hearing, the judge will issue an order.
One of the downsides of asking the court to decide is that if you're represented by an attorney , the expense of going through a hearing can be significant. Even if you're not represented by an attorney, you will have to spend a lot of time gathering evidence such as financial documents and preparing for the hearing.
Every state has its own guidelines on what judges should consider when deciding whether to award alimony. Most states require judges to evaluate:. If you're the spouse asking for support, the court will look closely at your current income or ability to earn if you aren't currently working. When the supported spouse has been out of the workforce or has been underemployed has an opportunity to work full- or part-time but chooses not to for a long time, the judge is more likely to award support for at least as long as it will take the supported spouse to become independent.
For example, if one spouse is trained as a doctor but took several years off to care for children and support the other spouse's career, a judge will examine the medically trained spouse's future earning potential. Maybe that spouse needs initial support to reenter the workforce but not a long-term alimony award. Both spouses might have to make some life and work changes after divorce.
For example, a judge might require a spouse who has a part-time job that doesn't pay well to try to find full-time employment in a higher-paying field. Sometimes, a judge will order or the paying spouse might request that an expert called a "vocational evaluator" make a report to the judge on the job prospects for a spouse who hasn't been fully employed for a while.
The evaluator will administer vocational tests and then compare the spouse's qualifications with potential employers or open job positions in the area to estimate how much income the spouse could earn.
The duty to pay alimony begins as soon as an order requiring it is signed by a judge. An alimony order is enforceable by the supported spouse : If the paying spouse isn't actually paying, the supported spouse can file a "show cause" action motion , and the court will set a hearing to determine why the paying spouse isn't following the order and what the court should do to enforce it.
Courts Public Health. Search for resources and organizations in this language Advanced Search. Alimony is financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is also sometimes called spousal support.
Temporary alimony also called pendente lite alimony can be granted while the divorce is in progress, to help until the divorce is final. When the divorce becomes final, there may or may not be an order for alimony after the divorce.
If alimony after the divorce is awarded, that amount could be higher or lower than the temporary amount. What is separate maintenance? Separate maintenance is financial support paid from one spouse to the other while they are still married to one another. The court will order separate maintenance only if the spouse with money fails or refuses to support the other spouse and the other spouse is in "genuine need.
What is the purpose of alimony? What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
Click here for a Complaint for Divorce that you can fill out on the computer. We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Your Money. Personal Finance. Your Practice. Popular Courses. Part Of. How the Process Works. Dividing the Property. Divorce and Your Children. Divorce and Retirement. Post-Divorce Finances. Legal Terminology A-E. Legal Terminology F-Z. What Is an Alimony Payment? Key Takeaways Alimony payments are legally mandated monetary transfers from one ex-spouse to another to support the lifestyle of the other.
Article Sources. Spousal Maintenance. What is spousal maintenance? How is spousal maintenance calculated? How long does spousal maintenance last? What is a nominal maintenance order? Can spousal maintenance be varied? How can I stop paying spousal maintenance?
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