Spousal SupportSpousal support (or alimony) is probably the most unpredictable and undefined area of the divorce maze.  There is no presumptive “guideline” spousal support.  There is no presumption regarding any duration of spousal support.  The only factor that will potentially eliminate the ability of a spouse to receive spousal support is if that spouse committed adultery – even if that case, if the denial of spousal support would constitute a “manifest injustice” to that spouse, spousal support might still be awarded.  Whether or not spousal support is payable depends on a myriad of factors, including the difference in the parties’ incomes, their earnings capacities, their ages, and the length of the marriage.

Forms of Spousal Support

The court might order “permanent” spousal support, “rehabilitative” spousal support or spousal support for a defined duration, or a lump sum award of spousal support.  Permanent spousal support is really a monthly amount of spousal support in a certain amount, with no set ending date.   It is subject to modification and perhaps termination depending on what happens in the future.  Rehabilitative spousal support or support for a defined duration is typically a monthly amount of spousal support that has a pre-determined ending date.  The court might order this type of support if it feels that the spouse needs some time to obtain more education or experience before being able to earn enough to live independently.  The court often considers defined duration awards in short to mid-length marriages.  A lump sum spousal support award is exactly that – a defined sum of spousal support, instead of a monthly payment.

Termination of Spousal Support

Absent a clear agreement to the contrary, the law now provides that spousal support will terminate the earlier of (1) the death of the payor; (2) the death of the payee; (3) the remarriage of the payee; or (4) the cohabitation of the payee with a member of the opposite sex for a period of at least one year.