Spousal support, also known as alimony or maintenance, serves to address economic disparities between spouses when a marriage ends. While not awarded in every divorce, spousal support plays an important role in helping economically disadvantaged spouses transition to financial independence and maintaining some equity when one spouse sacrificed career opportunities for the marriage or family. Understanding how courts determine spousal support, the different types available, and the factors that influence both amount and duration helps set realistic expectations during divorce proceedings. Below, our friends at Merel Family Law explain the key elements of spousal support.
Spousal support comes in several forms, each serving different purposes. Temporary support, sometimes called pendente lite support, provides financial assistance during divorce proceedings before a final decree is entered. This ensures that a lower-earning spouse can meet basic living expenses and afford legal representation while the case is pending. Temporary support ends when the final divorce decree is entered and is replaced by whatever long-term support arrangement the court orders or the parties agree upon.
Rehabilitative support is perhaps the most common type in modern divorces. This time-limited support helps a spouse gain education, training, or work experience needed to become self-supporting. For example, a spouse who left the workforce to raise children might receive rehabilitative support while completing a degree or certification program and establishing a career. The duration of rehabilitative support is tied to the time reasonably needed to achieve financial independence, often ranging from a few months to several years.
Permanent support, despite its name, doesn’t necessarily last forever but continues indefinitely until death, remarriage, or a substantial change in circumstances warrants modification or termination. Permanent support is more commonly awarded in long-term marriages where a spouse’s age, health, or limited work history makes achieving self-sufficiency unlikely. As societal norms have evolved and more spouses maintain careers throughout marriage, permanent support has become less common, though it remains appropriate in certain situations.
Courts consider numerous factors when determining whether to award spousal support, how much to award, and for how long. The length of the marriage weighs heavily in these decisions. Shorter marriages are less likely to result in support awards, or may result only in brief rehabilitative support, while longer marriages more commonly lead to substantial support obligations. The reasoning is that spouses in longer marriages have typically become more financially interdependent and may have made more career sacrifices based on the assumption the marriage would continue.
Each spouse’s earning capacity is central to support determinations. Courts examine current income, but also consider potential income based on education, work history, skills, and employment opportunities. A spouse who voluntarily remains unemployed or underemployed may be imputed income at their earning capacity rather than their actual earnings. Conversely, a spouse who has been out of the workforce for many years may need time and support to rebuild their earning capacity.
The standard of living established during the marriage serves as a reference point, though courts recognize that maintaining two households inevitably means some reduction in lifestyle for both parties. Support aims to minimize dramatic disparities in post-divorce living standards where possible, particularly after long marriages where both spouses contributed to achieving their lifestyle.
Age and health of both spouses affect support decisions. An older spouse with health issues may have limited ability to become self-supporting, justifying longer-term or permanent support. Physical or mental health conditions that affect earning capacity are carefully considered.
Contributions to the marriage, both financial and non-financial, matter in support determinations. A spouse who stayed home to care for children and manage the household contributed to the marriage and potentially to the other spouse’s career success by allowing them to focus on work without worrying about childcare and domestic responsibilities. These contributions are valued in support decisions even though they didn’t produce direct income.
The duration of spousal support often relates to the length of the marriage, though no universal formula exists. Some jurisdictions use guidelines suggesting support duration as a percentage of marriage length, but courts maintain discretion to deviate based on individual circumstances. Support orders typically include provisions for review, modification, or termination upon specific events or after certain time periods.
Support amounts in some states are calculated using formulas that consider both spouses’ incomes and other factors, while other states give judges broad discretion to determine appropriate amounts based on the statutory factors. Either way, the goal is an amount that helps the receiving spouse meet reasonable needs while being fair to the paying spouse’s ability to pay.
A family lawyer knows that spousal support can be modified when substantial changes in circumstances occur after the original order. Job loss, significant income changes, retirement, health changes, or the receiving spouse’s remarriage or cohabitation might all warrant modification or termination of support. Support obligations typically end automatically upon the death of either party or the remarriage of the receiving spouse. Many states also terminate support if the receiving spouse cohabitates in a marriage-like relationship, though this can be fact-specific.
Tax treatment of spousal support changed significantly in recent years. For divorces finalized after December 31, 2018, spousal support is no longer tax-deductible for the paying spouse, nor is it taxable income for the receiving spouse. This change reversed longstanding tax treatment and affects the economics of support negotiations and determinations. For divorces finalized before that date, the old tax treatment generally still applies unless the parties specifically agree otherwise.
Spousal support serves important purposes based on the specific circumstances of each marriage and divorce. Every case is unique, with multiple factors influencing whether support is appropriate, in what amount, and for how long. Understanding these factors and how courts approach support decisions helps parties negotiate fair agreements or present compelling arguments in contested cases. Professional legal guidance ensures that support arrangements reflect both spouses’ contributions to the marriage, current circumstances, and future needs, creating a foundation for both parties to move forward financially after divorce.
