Alimony is payment made by one ex-spouse to another to help support them during and after divorce proceedings. It is usually ordered when the judge finds that the divorce caused economic consequences for one ex-spouse. Below are the four types of alimony along with the factors in alimony/spousal support.
Four types of Alimony
Temporary – This is also known, as “alimony pendente lite” is an ongoing payment that is made when a couple is separated or in divorce proceedings, but not yet divorced. It can include payment for divorce costs, daily expenses, and continues until the court determines permanent alimony.
Permanent – The amount awarded after the conclusion of divorce proceedings, paid on a regular, recurring basis. Permanent alimony is usually due indefinitely, but is subject to change under certain circumstances such as remarriage or cohabitation.
Rehabilitative – In situations in which one ex-spouse is not self-sufficient, the judge may order payment of rehabilitative alimony to provide financial support while searching for a job or while attempting to expand employment skills. This is typically ordered for a fixed period of time.
Reimbursement– This type of alimony was intended to balance the scales on any support provided for higher education or work training by one ex-spouse. It requires a regular payment to reimburse the sponsoring ex-spouse the tuition costs paid, or a portion of those costs.
Lump-sum – This is also known, as “alimony in gross.” If one ex-spouse does not want any property or items of value from the marriage, the judge may order a one-time lump-sum payment in replacement of the property.
How the court awards
Spousal support awards are generally based upon the needs and abilities of each party, and when deciding, judges look at the following factors:
• The duration of the marriage
• Health and physical condition
• The earning capacity of the parties
• Present income of the parties
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;
• The ability of the supporting party to pay spousal support
• The needs of each party based on the standard of living established during the marriage
• The jurisdiction of the marriage
If you have specific questions about alimony and divorce contact Brett Thorsteinson, your trusted and experienced divorce and family law attorney. Offices in Huntington Beach and Long Beach with free consultations.