Alimony and Spousal Support

It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost

Alimony refers to payments made by one spouse to another spouse during the divorce process and after divorce. Today, it is more often referred to as spousal support.

Spousal support is only awarded to a dependent spouse, and only if the other spouse has the ability to pay.

Generally, there are two types of alimony or support. One is Post Separation Support which is monies paid temporarily to a dependent spouse on an interim basis until the court grants or denies spousal support in the case. The other type is Permanent Spousal Support.

There are no actual tables or guides for determining alimony or spousal support. Instead, the court reviews a number of factors to determine the economic needs of the potential dependent spouse while also considering the ability of the other spouse to pay support.

In a permanent alimony hearing, the court may also consider the marital fault of either party.

To obtain a modification order, a spouse must show a significant change in circumstances – such as a promotion with higher income benefits or other increase in earnings, a job loss, a medical disability or a financial emergency.