Marriages often involve a division of labor between the spouses in order to make both lives more productive and efficient. When a divorce occurs, it is common for courts to award alimony to the party that relied upon the income of the other. Spousal support may be temporary or permanent, depending on several factors. Divorce courts will take into account the reason for the divorce and the circumstances surrounding the marriage. The degree to which the receiving spouse is unable to obtain gainful employment is also considered.
This article will describe the differences between permanent and temporary alimony. We’ll take a closer look at how courts decide between the two when reviewing a divorce.
Permanent Support
Permanent alimony normally continues until the spouse receiving support payments dies or remarries. A court may order permanent payments in the event that both parties previously agreed to a permanent payment arrangement in a prenuptial agreement. A court may also order permanent payments if one party has a permanent disability or other inhibiting factor that prevents him or her from obtaining marketable skills and employment. This can be done in the absence of a prenuptial agreement.
Permanent alimony payments may also be ordered if the marriage had a long duration and if one spouse relied upon the financial support of the other.
It’s worth noting that permanent support does not necessarily mean the payments are without end. If either party experiences a significant change in circumstances, a court may modify the payment arrangement to reflect the new reality. These circumstances include unemployment, salary increases, retirement, and other situations resulting in a substantial modification of income.
Such changes affect the underlying basis for calculating the payment amounts. They may constitute an undue hardship for the paying spouse if he or she is making substantial support payments.
An order for permanent spousal support may also be modified for other reasons. For example, if the party receiving the payments cohabitates with another spouse, the paying party may ask the court to order an end to the payments. If the party making the payments deliberately resigns in an attempt to spite his or her ex-spouse, or otherwise acts in bad faith, a judge may refuse to modify the order.
In addition, some states have statutes limiting the duration of alimony payments for short-term marriages. Other statutes limit payments in the event that fault is found during the divorce with the party that would otherwise receive the payments.
Short-Term Support
Alimony may be awarded for a short period of time in a variety of circumstances. It may even be ordered prior to the actual divorce. For example, in the event of a separation prior to filing for divorce, the parties may agree that one spouse should provide temporary payments to the other. Alternatively, once the parties initiate divorce proceedings, a court may find that separation without compensation would constitute an undue hardship on one spouse. If that is considered to be the case, the court may award temporary payments to that party.
If the marriage was short and one spouse provided income to invest in the other spouse’s education or training, a court may order the party who benefited from the arrangement to reimburse the other.
Reimbursement may also be ordered when one spouse takes advantage of the marriage for pecuniary gain. For example, Maine authorizes courts to award reimbursement support in order to achieve an equitable outcome after one spouse commits economic misconduct. Such reimbursement may also be ordered if the other spouse makes substantial contributions toward the other spouse’s education or training.
Rehabilitative alimony is a form of support ordered for a set period. It is commonly awarded to spouses with few marketable skills, but no permanent disability that precludes receiving training to find other employment. Homemakers and stay-at-home parents are common recipients of rehabilitative support. If the marriage was of a shorter duration, a court may conclude that the spouse who is to receive support is capable of becoming independent in a short time. If that is the case, permanent payments would be inappropriate.
The duration of spousal support may also be affected by the terms of its payment. Spousal support that is ordered for a long duration may be paid off in a few large installments or a single lump sum. This type of arrangement will depend on whether the spouse making the payments has the means to do so. For parties intent upon resolving the issue and getting their former partners out of their lives once and for all, paying the support in advance may be worthwhile.