|
Alimony is a series of
payments from one spouse to the other as a
consequence of a divorce. The payment can also
be a lump sum payment or a payment to a third
party on behalf of the other spouse. Alimony is
to be distinguished from child support and is
often called "spousal support," or
"spousal maintenance."
Unless both parties waive
their rights to alimony in the Separation
Agreement, the court can re-open the question in
the future if one party asks and there is a
change in material circumstances.
Either party may be required to pay to the other
party "alimony" Alimony is not
limited to payments to the wife by the
husband.
Alimony is paid for a
variety of reasons, but its purpose is to assist
in making the settlement between the parties
fair and equitable. Alimony may be paid in lieu
of a division of property; to support one spouse
until the spouse is relocated or finds a new
career; to even out the disparities in income
between the spouse; or to support the other
spouse because the spouse has a limited earning
power.
Courts decide alimony
based on a number of statutory factors which are
subject to interpretation, as distinguished from
child support which is based on a very specific
formula. As far as child support is concerned,
the child obligation can be computed very
precisely based upon the statutory formula so
there is less room for argument. Alimony on the
other hand is based on broad general rules that
are subject to interpretation. As a result there
is room for disagreement between the parties,
and this in turn creates an opportunity for each
party to retain an attorney to fight over the
appropriate amount of alimony. If both parties
can come to quick agreement, perhaps with the
assistance of counsel or a mediator, it will be
possible to avoid an expensive and time
consuming dispute.
|