If you’re seeking a divorce, you may be entitled to receive some form of support from your soon-to-be ex-spouse. With alimony, the terms of the payments are often dictated by a divorce court judge. This is particularly so in cases where the divorcing parties are unable to agree on such matters.
Laws related to spousal support or maintenance allowance vary depending upon the state you live in. Although states have various names for the different types of alimony, there are just a few categories that spousal support falls into. In this article, we’ll provide a brief guide to the different types of support ordered by divorce courts.
Temporary Support
The day that a couple separates is the day that alimony should begin. One party may have moved out of the family home and have no income whatsoever. If that person’s estranged spouse takes it upon him or herself to close their shared bank accounts, he or she may have limited access to funds.
In such cases, the initial divorce papers should request an emergency hearing to settle the issue of temporary alimony. This hearing is sometimes referred to as an Order to Show Cause Hearing (OSC). Regardless of what it is called, it is important for the individual without access to funds to apply for it. A paralegal or family law attorney can help set this up.
Half-The-Marriage Rule
In many states, the duration of spousal support is determined by halving the length of the marriage. For example, if you were married for 20 years, you would be eligible to receive alimony for half that 20-year time period.
Decreasing Amounts Gavron Warning
Some states give a “warning” to maintenance-support recipients that their alimony will progressively decrease during the last three-to-five years that it is received. This is done to “encourage” the ex-spouse to go out and seek gainful employment. No judge wants to continue maintenance funds to an ex-spouse who has no intention of becoming self-supporting. Hence, the Gavron warning in California.
Although the Gavron warning is specific to the state of California, most other states give a similar admonition to alimony recipients to encourage them to re-enter the job market.
Displaced Worker Maintenance
In a long marriage, where a wife’s job was primarily housekeeping and child rearing, divorce can render her virtually penniless. Most states grant “displaced worker” or “rehabilitation” alimony for a set period of time to give the ex-wife a chance to learn a job skill and become self-sufficient.
This usually does not cover the costs of a degree program or some other type of long-term education. It does, however, allow the displaced-worker spouse to undergo a one or two-year training program for a set occupation. This might include training for dental assisting, licensed vocational nursing, or computer repair. Once the training program has been successfully completed and the ex-spouse is employed in his or her new profession, alimony is adjusted downward or discontinued altogether.
Repayment Support
If a wife worked long and hard to put her husband through medical school, she would likely be eligible to be repaid for some of that time and effort. If her ex-husband divorced her before she could reap the benefits of his increased income, she would likely receive some level of reimbursement.
Permanent And Lifetime Maintenance
In some states, marriages of 10 years or longer automatically render the ex-spouse eligible for lifetime maintenance. If a marriage lasted less than 10 years, the spouse will usually receive permanent support for half that time. Much depends upon the state where the marriage took place and the length of the marriage.
Other Orders
In some states, an ex-spouse can agree to receive a higher amount of money for a shorter period of time in lieu of lifetime maintenance. This type of spousal support, of course, must be approved by a judge.
One other type of common support order is a lump-sum settlement. A spouse can agree to waive his or her right to alimony in order to receive a lump sum at some point in the divorce proceedings.
Seeking Legal Help With Your Divorce
Even if you plan to file your own divorce papers and represent yourself, it is a good idea to meet with a Virginia family law attorney. An attorney can review your circumstances and ensure that you are not being shortchanged in the amount of support you should be receiving. You may decide that hiring a qualified lawyer is an investment you can’t afford not to make.