Divorce Law & Alimony

Alimony must be awarded by a divorce decree

Women are not the only recipients of alimony, and according to Massachusetts law, it can be awarded for life. Not all states have such laws concerning alimony. For example, Texas law puts a time limit on how long a spouse can receive alimony. Being awarded alimony will vary from state to state, but anyone can receive alimony if you meet the guidelines.

What is Alimony?

Depending on state law or agreement, lump payoffs are often an option.

Alimony is money awarded to a spouse after a divorce is final. It is also known as maintenance or spousal support. It is generally awarded to a spouse who has little or no means to support herself after the marriage is over and it is considered an expansion of marital maintenance. This type of support is different than child support and the calculation of the awarded amount varies from state to state. Temporary alimony can be awarded to help a spouse get through the litigation stage; however, there is a time limit and it's usually not longer than two years.

Types of Alimony

Each state has different laws concerning alimony and not all states are created equal.

There are five types of alimony: Temporary alimony, permanent alimony, reimbursement alimony, rehabilitative alimony and lump sum alimony. Temporary alimony is just that, temporary. It is awarded until the spouse can get through the proceedings period and can become self sufficient. It is usually not more than two years. Permanent alimony is usually for life and ends upon the death of either spouse or remarriage/cohabitation of receiving spouse. Reimbursement alimony is given to a spouse who supported the other through a college education and/or helped build their career. Rehabilitation alimony is awarded to a spouse who needs financial support to look for employment or go to school. Lump sum alimony is a one-time payment when a spouse wants money instead of property or items with a monetary value.

Criteria

Reimbursement alimony may be awarded to cover education costs

Alimony has several criteria; in some cases alimony is limited to a time period. Rehabilitation alimony is an example of this, it is awarded for a certain time period and then ceases. A second criterion, depending on the state law, is the actual amount awarded. Most often it is based on income. However, it can also be based on how long the couple was married, their ages, their earning potential and sometimes their gender. Oftentimes a judge will also take into consideration if there are minor children living in the house.

Who is Entitled?

The female counterpart is also eligible for alimony

Any spouse, male or female, who fits the criteria of his state, is eligible to receive alimony. In order for a spouse to receive alimony it must be written in the divorce degree.

Tax Benefits

One benefit to alimony is the possible tax write off

Entitlement on taxes usually goes to the spouse paying the alimony. The spouse who is paying the support can use the alimony as a deduction on taxable income, only if the receiving spouse claims it as income. However, it is not required by law for the receiving spouse to claim it as income. This would have to be an agreement between the two spouses.

References

• Divorce Law Firms: Types of Alimony
• Find Law: Paying Alimony: The Five Types of Alimony