Alimony, also known as spousal support, is a court-ordered payment made from one spouse to the other after a divorce. It is intended to help the financially weaker spouse maintain their standard of living after the divorce and is typically paid until the recipient can support themselves or until a specific date specified by the court.
Various factors, including the length of the marriage, the income and assets of each spouse, and the earning potential of each spouse, determine the amount and duration of alimony payments.
This article will go over the various factors that will determine how long alimony will last after a divorce.
The Type of Alimony You Receive Will Determine How Long Your Alimony Will Last
There are several different types of alimony that can be awarded by a court, including:
- Temporary alimony: This type of alimony is awarded during the divorce proceedings and is intended to provide support for the spouse who is financially dependent until the divorce is finalized.
- Rehabilitative alimony: This type of alimony is intended to help the recipient spouse become self-sufficient by providing financial support while they pursue education or training.
- Permanent alimony: This type of alimony is intended to provide long-term support for the recipient spouse and is typically awarded in marriages that have lasted for a significant period of time.
- Reimbursement alimony: This type of alimony is intended to reimburse one spouse for expenses they incurred while supporting the other spouse during the marriage, such as paying for the other spouse’s education.
- Lump-sum alimony: This type of alimony is a one-time payment made to the recipient’s spouse rather than ongoing payments.
How Long Does Temporary Alimony Last?
Temporary alimony, also known as pendente lite alimony, is intended to provide financial support for the financially dependent spouse during the divorce proceedings.
In some cases, temporary alimony may last for a few months, while in other cases, it may continue until the divorce is finalized. The court will consider various factors such as the financial need of the dependent spouse, the paying spouse’s ability to pay, the duration of the marriage, and the length of the divorce proceedings when determining the length of temporary alimony.
It is also important to note that temporary alimony is intended to bridge the gap between the beginning of the divorce proceeding and the finalization of the divorce. The final alimony award, if any, may differ from the temporary award and be based on different factors.
How Long Does Rehabilitative Alimony Last?
Typically, the duration of rehabilitative alimony is based on the time it is expected for the recipient spouse to complete their education or training and become self-sufficient. This could be a few months, or it could be several years.
Rehabilitative alimony is intended to provide financial support for spouses as they pursue education or training to become self-sufficient.
How Long Does Permanent Alimony Last?
The specific events that can cause permanent alimony to stop can vary depending on the jurisdiction in which the case was heard and the terms of the court order. However, some common events that may result in the termination or modification of permanent alimony include:
- The recipient’s remarriage: Alimony is typically considered a temporary support form and is terminated when the recipient remarries.
- The payor’s retirement: In some cases, the court may terminate or modify alimony when the payor reaches retirement age.
- The recipient’s cohabitation: The court may terminate or modify alimony if the recipient is living with a romantic partner.
- The recipient’s self-sufficiency: If the recipient’s financial situation improves to the point where they no longer need alimony, the court may terminate or modify the support.
- The payor’s inability to pay: If the payor can no longer afford alimony due to a change in financial circumstances, the court may terminate or modify the support.
- The death of either spouse.
How Long Does Reimbursement Alimony Last?
Typically, reimbursement alimony is awarded for a specific period of time and for a specific amount. The duration of reimbursement alimony is usually shorter than other types of alimony, such as permanent alimony, as it is intended to reimburse the recipient for specific expenses rather than provide ongoing financial support.
Reimbursement alimony is a type of alimony that is intended to reimburse one spouse for expenses that were incurred during the marriage to benefit the other spouse.
The length of time that reimbursement alimony can vary depending on the specific terms of the court order and the jurisdiction in which the case is heard.
The court will decide the duration based on the specific circumstances of the case and the amount of the expenses. It’s always best to consult a family law attorney who understands your state’s alimony laws.
How Long Does Lump Sum Alimony Last?
Typically, lump sum alimony is a one-time payment, and it is not subject to modification or termination. Once the payment is made, the alimony obligation is considered fulfilled, and the payor is no longer responsible for future payments.
Lump sum alimony, also known as “lump sum spousal support,” is a type of alimony that is paid in one lump sum rather than in regular payments over a period of time. The length of time that lump sum alimony lasts depends on how the court order is written and the agreement between the parties.
However, the court may consider the nature of the agreement, and if the agreement is not clear, the court may interpret it as a form of reimbursement alimony, which would last as long as the payment covers the expenses, as I explained before.
In some cases, alimony is awarded temporarily and is intended to support the spouse during the divorce process. In other cases, alimony may be awarded permanently.
Can Alimony be Modified After the Divorce is Final?
In most cases, alimony can be modified after a divorce is final if certain conditions are met. The specific conditions that must be met to modify alimony can vary depending on the jurisdiction in which the case was heard and the terms of the court order.
Generally, a court will only consider modifying alimony if there has been a significant change in circumstances since the original alimony order was issued. This can include changes in the income or employment status of either spouse, changes in the needs of the recipient spouse, or changes in the ability of the payor spouse to pay alimony.
If the court determines that a change in circumstances has occurred, it may modify the alimony order to increase, decrease, or terminate the alimony payments.
However, it is important to note that some jurisdictions may have laws limiting the ability to modify alimony, and some may have laws that make permanent alimony not modifiable.