Ever think divorce equals automatic lifetime alimony payments?
Think again. The laws on alimony have changed dramatically and everything you think you know about spousal support is probably wrong. Here’s one stat that will make you do a double take… Only 10% of all divorces today actually result in alimony orders. That’s down from 25% way back in the 1960s.
Navigating alimony laws can be a huge headache. Family law courts look at a laundry list of factors before deciding if alimony makes sense in your situation. If you’re facing divorce and worried about alimony take action now to get ahead of the game. Working with an experienced alimony lawyer from Summit Family Law can help you understand how exactly your case will be impacted.
But first… one big reason this is so complicated…
Every state has different alimony laws, so the factors considered vary. This is why having a local alimony attorney who knows your state’s laws is so critical.
In this post we’ll cover…
- Why most divorces don’t have alimony these days
- The 6 key factors courts look at
- How marriage length impacts your case
- The 2019 tax law changes you need to know
- When alimony can be modified
Why Most Divorces Don’t Have Alimony Anymore
Alimony isn’t automatic. Don’t believe the movies and the Lifetime TV shows. In the real world, spousal support only kicks in under certain circumstances. The court has to find two things…
- That one spouse actually needs financial support
- The other spouse can reasonably afford to pay
If the court doesn’t agree on both of these points? No alimony order gets granted.
For years now, the number of people receiving alimony has been steadily declining. Why? Because both spouses now work in more households than ever before. In fact, 45% of divorce attorneys say more women pay alimony than ever before. This has been especially true since 2014.
Shocking shift, right?
The 6 Key Factors That Matter In Court
Courts don’t just pull a number out of thin air when awarding alimony. They look at specific factors before deciding if spousal support makes sense.
Income and earning capacity – Note we say earning capacity. It’s not just about what you are actually earning. The court will look at what you could reasonably earn based on education, work history, skill sets, and available jobs.
Length of the marriage – A biggie. The longer you were married, the longer alimony typically lasts. A 3-year marriage will get treated very differently than a 20-year marriage. We’ll talk more about marriage length later on.
Standard of living during the marriage – Courts like to see both spouses maintain some version of the marital lifestyle.
Age and health – A 60-year-old spouse with health issues and no recent work history has a far stronger case than a 30-year-old spouse who is healthy.
Contributions to the marriage – The court considers both financial and non-financial contributions by each spouse. Raising kids or supporting a spouse’s career gets real weight here.
Here’s what most people don’t know…
Courts also consider the efforts of the spouse seeking alimony to become self-supporting. If you made reasonable efforts to find work or train for a job, your case is strengthened. But if the judge thinks you’re deliberately staying underemployed? Your argument gets seriously weakened.
How Marriage Length Changes Everything
Want to know one of the most critical factors when it comes to alimony decisions?
The length of your marriage. It’s not just about whether you get alimony – but how long you’ll receive (or pay) it for.
Here’s the breakdown most states go by:
- Short-term marriages (less than 10 years): Alimony generally lasts for about half the marriage length
- Mid-length marriages (10-20 years): Tends to be longer, with durations often tied to specific circumstances
- Long-term marriages (20+ years): Some states allow permanent alimony, though this is getting rare
Permanent alimony has gotten super rare in recent years. Most courts lean towards temporary alimony that gives the receiving spouse time to find work and become self-supporting.
The 2019 Tax Law Changes You Need To Know
Back in 2019 the tax treatment of alimony changed in a huge way. If your divorce was finalized after December 31, 2018:
- Alimony is no longer tax deductible for the person paying it
- Alimony is not taxable income for the person receiving it
Yep. This is way different than how things used to work. Before 2019, the paying spouse could deduct alimony on their taxes.
And that matters because it changes the motivation for the spouse paying alimony. No tax deduction? It’s a lot harder for the paying spouse to justify high monthly payments.
But here’s the catch…
If your divorce was finalized before 2019, the old tax rules still apply. Even if you get modified alimony later on, you can keep the old rules if you want.
When Can Alimony Be Modified or Terminated?
Guess what? Alimony isn’t necessarily forever. In most states, it’s possible to modify or even terminate spousal support if there’s a “significant change in circumstances.”
Examples include:
- Job loss or major income reduction for the paying spouse
- Serious health problems or disability
- Remarriage of the receiving spouse (automatic termination in almost all states)
- Cohabitation of the receiving spouse with a new romantic partner
Note that to modify alimony, you must go back to court and file a motion. You can’t just stop paying because of a change in circumstances.
Stops paying without court approval, you could face penalties, fines, or even jail time.
Financial Need vs. Ability To Pay
Just because one spouse earns more doesn’t mean alimony happens automatically. The spouse seeking alimony must prove actual financial need – not just an income difference.
Courts are requiring greater documentation to prove financial need. They want detailed records showing the spouse seeking alimony’s monthly expenses, assets and property, reasonable ability to work and earn income, and employment or training searches.
The paying spouse must also show ability to pay. The court won’t order alimony if it leaves the paying spouse unable to meet their own basic financial needs.
Types of Alimony
Not all alimony is created equal. Most states recognize several types of spousal support.
Temporary alimony – Paid while the divorce process is pending and before it’s finalized
Rehabilitative alimony – Short-term support to allow a spouse to gain skills or education to become self-supporting
Durational alimony – Set for a specific period, often based on length of marriage
Permanent alimony – Rare these days, but can happen in long marriages where the receiving spouse can’t be self-sufficient
Type of alimony matters because it affects the length of payments and the conditions that change or end them.
Wrapping This Up
Alimony laws can be complicated and every case is unique. This is why knowing the factors that courts specifically look at in your state is so critical.
Automatic lifetime alimony is largely a thing of the past. Courts now want to see a clear path to self-sufficiency for the spouse seeking alimony. Marriage length, income differences, age, health, and contributions to the marriage all weigh heavily.
The 2019 tax law changes have fundamentally altered the financial calculations for both paying and receiving alimony.
If you’re facing divorce and alimony is a concern, you shouldn’t have to try to figure this all out alone. Having experienced legal counsel can make the difference between a fair outcome and a major money pit.
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