Alimony

Alimony is money one spouse pays the other to cover living costs and expenses while separated and after the divorce is final. Traditionally, alimony was paid to women in monthly installments and was permanent, or until the wife remarried. Now, alimony is more likely to be paid over a specific time or in a lump sum.

Types of Alimony

Permanent Alimony — Periodic payments for an unlimited time. The duty to make the payments automatically terminates at either party’s death or the payee’s remarriage. It can be modified based on a material change in circumstances. A spouse entitled to periodic alimony is entitled to an amount commensurate with the standard of living to which the spouse had become accustomed, measured against the payer’s ability to pay.
Lump Sum — A fixed amount used to bring closure to the economic relationship between the spouses. Courts look at various factors in awarding a lump sum payment, including whether the spouse substantially contributed to wealth accumulation by working inside or outside the home. Lump sum alimony cannot be modified based on a material change in circumstances; it may only be modified in cases of fraud.
Rehabilitative Alimony — A short-term payment during a specified job training period, with a fixed ending date. It cannot be modified due to a material change in circumstances, but it may be extended and modified to permanent alimony based on a material change in circumstances.
Reimbursement Alimony — An award to a spouse who supported the other spouse through school and whose contribution cannot be recognized by the division of marital assets. Payment is lump sum in nature and is not modifiable. Reimbursement includes direct educational costs.

How Alimony Is Determined

The trial judge has discretion regarding the amount of alimony to award and the payment period. The factors considered are known as the Armstrong factors: