Alimony

Alimony, also known as spousal support, is available in cases where one spouse needs support and the other spouse has the ability to pay it.  Overall, this issue is probably the most contested issue in divorce cases.  Generally, the court can award alimony in a lump sum or periodic payments.  The shortest periodic payment, typically two years, is “bridge-the-gap alimony” which is awarded to assist the spouse in transitioning from married life to single life.  If that spouse can show the court a reasonable plan for becoming self-sufficient, usually by completing additional education, the court can award rehabilitative alimony for a period of several years.  

Sometimes, the court will award permanent periodic alimony, which will last until the receiving spouse remarries (under recent case law, “cohabitation” may be enough to trigger termination) or either spouse dies.  Typically, permanent periodic alimony is awarded in a long-term marriage, although I’ve seen it awarded in a marriage as short as 13 years.  There is usually a wide disparity of income between the parties, and the receiving spouse is “beyond” rehabilitation.  

The amount of support awarded is dependent upon the “lifestyle established during the marriage.”  For example, if the parties are members of a country club, the cost of that membership will be included in determining the receiving spouse’s need.