Spousal Support/Alimony

Question 1

Spousal support - general rules

Answer 1

The purpose of spousal support is to ensure an adequate income stream for a spouse whose economic dependence resulted from the marital relationship. The purpose of spousal support is not punitive, but to continue one spouse’s duty to the other arising out of the marriage. The court has wide discretion in awarding as much spousal support as is necessary for the maintenance of the party requesting it. States vary on whether alimony is based on marital fault. The court considers:

1. the standard of living during the marriage
2. the duration of the marriage
3. the age and physical and emotional conditions of both parties
4. the financial resources of each party (including how martial property was apportioned)
5. the contribution of each party to the marriage (including homemaking, child care, education, and career building of the tother party)
6. the time needed to obtain education or training to enable either party to find appropriate employment; and
7. the ability of the payor spouse to meet his needs while paying spousal support.

Question 2

Permanent spousal support

Answer 2

Permanent spousal support is awarded to a spouse with neither resources or ability to be self-sustaining. A court will consider the time it may take for a spouse to acquire necessary skills or training. Permanent alimony is usually granted only in the case of a long-term marriage.

Question 3

Rehabilitative alimony

Answer 3

Rehabilitative alimony consists of periodic payments for a limited period of time to enable a spouse to gain the skills or education necessary to become self-supporting. Rehabilitative alimony award a fixed sum to a spouse who supported the other spouse while the latter obtained a degree, license, or other training.