Alimony: the high cost of leaving
Alimony is the mutual obligation between spouses for support. The more proper term for alimony, as a matter of fact, has become "spousal support." We use the terms interchangeably.

Child support

Support for children is an obligation similar to spousal support, but it is owed by both parents to the children. Fault, or lack of fault, by the parents in the divorce is irrelevant. For a discussion on how child support is calculated, visit our Child Support page.

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When the spouses are physically separated from each other after filing for a divorce, this type of support is called alimony pendente lite (temporary alimony). After the divorce becomes final, this type of support is called permanent alimony, or permanent spousal support. Alimony pendente lite is simply alimony "pending the litigation." It is alimony that is temporary in nature and ceases when either party obtains a judicial divorce. Permanent spousal support is an obligation to pay support after the marriage is terminated and until a further court ruling raises, lowers, or terminates the obligation.

The obligation to pay spousal support depends on the relative resources and needs of each spouse. Alimony pendente lite is owed if the other spouse "has not a sufficient income for maintenance pending suit for separation or divorce." Permanent spousal support may be allowed if the spouse seeking the alimony is relatively free from fault in the breakup of the marriage and does not have sufficient means for support. Here is the big difference between alimony pendente lite and permanent alimony: the issue of fault. If one spouse is found to be at fault in the breakup of the marriage, that spouse cannot receive permanent spousal support. For example, if one spouse asks for a hearing to determine fault and the court finds that the other spouse was at fault, alimony can be awarded.

If a spouse is free from fault and seeks permanent alimony, how does the court decide how much alimony to award? Well, first of all, the alimony cannot exceed one-third of the defendant spouse's income. Secondly, the court is required to consider:

	The income, means and assets of the spouses
	The liquidity of such assets
	The financial obligations of the spouses, including their earning capacity
	The effect of custody of children of the marriage upon the spouse's earning capacity
	The time necessary for the recipient to acquire appropriate education, training or employment
	The health and age of the parties and their obligations to support or care for dependent children
	The earning capacity of the spouse who seeks alimony in light of all the other circumstances.
	Any other circumstances that the court deems relevant.

Spousal support is usually paid on a monthly basis until terminated by court order or remarriage. However, alimony can also be paid on a lump sum basis. In other words, the spouses can agree that the spouse seeking alimony shall receive cash and/or property in one or several payments as his or her total alimony. They can also agree that lump sum alimony be in addition to regular alimony. If the spouses agree to a lump sum payment, the court can include the award in a court order. What is the advantage of lump sum alimony? The award vests a current right to the lump sum, even if the lump sum is payable in installments over a period of years. The spouse who receives lump sum alimony has an absolute right to receive the payment or payments even in the event of remarriage or death. Also, the order cannot be modified. If the spouses agree to a lump sum payment payable in installments and the spouse making the payments loses his or her job, he or she will still have to pay the alimony regardless of any change in circumstances.

At the time a petition for divorce is filed, or after, either spouse can ask for the exclusive use of the family home and certain other items of community property. The award is a type of alimony and is taken into consideration when alimony or child support is given. The use and occupancy of the family home is only until there is a community property partition and the award must be in the best interests of the family. This can mean that the spouse with custody of the children will get the exclusive use of the house or it can mean that the spouse who can afford to make the payments will get the house. The judge will have a good deal of discretion in deciding who gets the house and other items pending a final division between the parties. The spouse who gets the house is not obligated to the other spouse for rental unless they agree or unless it is ordered by the court.

Changing alimony
Once permanent spousal support has been set, a valid support judgment cannot be reduced or increased without a showing that there has been a material change in the circumstances of one of the parties. In other words, once support has been set, it cannot be changed simply because one of the parties wants it increased or reduced. There must be a showing that the person who wants a reduction is materially worse off then he was when the support was first set or that the other person is materially better off.

Terminating alimony
Permanent spousal support can be revoked if it becomes unnecessary and it automatically terminates if the spouse receiving the alimony remarries or enters into open concubinage. Open concubinage is the living together as man and wife without actually being married. The Legislature added this provision so that people would not simply live together rather than marrying in order to still receive alimony.

Contributions to education
A spouse can also ask for compensation for any financial contributions made to the other spouse's education. Compensation can be requested as part of the divorce proceeding, or any time after a divorce. The contributions to education must have increased the spouse's earning power and must have been made during marriage. The compensation can be reduced by the amount the contributing spouse benefited during the marriage from the increased earning power.