Alimony

Alimony and spousal support are synonymous terms. They mean the same thing. Alimony is a court-ordered money payment from one spouse (or former spouse) to the other during and after a divorce case. Justifications for alimony include:

• compensation for sacrifices made by one spouse while supporting the education and earning capacity of the other
• assist a spouse with lower income in the transition to separation and post-marital life
• maintain a certain standard of living that the receiving spouse became accustomed to during the marriage

In the Midwest, state statutes do not provide a list of factors or a calculator for alimony. It is determined on a case-by-case basis, so it is highly fact-sensitive and fluid. Lawyers and judges have been provided a number of factors by appellate courts in their opinions after trial court alimony awards have been appealed.

Setting the various factors aside, an alimony analysis has two overarching parts:

1. What is the alimony “need” of the requesting spouse?
2. What is the alimony “ability to pay” by the other spouse?

It is possible to have a substantial, unquestionable alimony need that is supported by facts and the legal factors, yet receive no money, simply because the other spouse is indigent with no realistic prospects of earning income.

Conversely, it is possible for one spouse to be an extremely high-earner, with lots of liquidity and discretionary income, yet have no alimony obligation because the other spouse cannot demonstrate a need that would require financial support or because the marriage was so short that the “need” for alimony pre-existed the marriage or otherwise did not arise from the marriage.

Alimony is often thought of as a cash transaction paid on a monthly basis. However, payment of bills and other obligations owed to third parties counts as spousal support, even if no cash actually goes into the pocket of the recipient spouse. Alimony may mean that the payor makes mortgage loan, auto loan, insurance, or other payments without actually giving or sending any cash directly to the alimony recipient.

Because there is no calculator for alimony and the amount and duration of any alimony award is within the discretion of the judge, it is important to have a trial lawyer represent you in a case where alimony may be claimed. A trial lawyer can make an effective presentation about the facts that matter under the applicable law and circumstances of your case.