Austin Family Lawyers

The Basics of Alimony

Alimony, sometimes known as “spousal support,” is a reflection of the ongoing financial obligation between spouses, even after divorce. It may be awarded to one party during divorce proceedings based either on an agreement between the two parties or a decision of the court. The purpose of alimony is to prevent the unfair economic effects of a divorce on a non-wage-earning or lower-wage-earning spouse.

Although alimony is very similar to child support in some respects, there are some key difference, especially in the legal realm. For example, most states have very strict monetary guidelines on child support, but courts generally are free to exercise their own discretion in alimony cases. Many states have alimony statutes based on the Uniform Marriage and Divorce Act, which recommends that the following factors be taken into account when a court determines how alimony is awarded:

• The age, physical condition, emotional state, and financial condition of the former spouses .
• The length of time the recipient would need for education or training to become self-sufficient.
• The couple's standard of living during the marriage.
• The length of the marriage.
• The ability of the payer spouse to support the recipient and still support himself or herself.

Of course, the above are still considered guidelines, and not necessarily laws.

Alimony is often ordered on a “rehabilitative” basis, in which case it is only paid until the payee spouse can get sufficient training to become self-supporting. Unless a specific timeline is established, the end of payment is determined by the court. Most alimony awards end if the payee spouse remarries.

If you are considering a divorce, make sure you have a good divorce lawyer to represent you. Contact a Austin divorce lawyer from Slater & Kennon at 512-472-2431 today.