Understanding Alimony: Factors, Misconduct, and Legal Guidance (Full Transcript)

Speaker 1: Alimony is money paid by one spouse to the other for their maintenance and support. Before the court can award alimony, it must determine that one of the spouses is a dependent spouse and that the other is a supporting spouse. Although our laws have previously required there to have been marital fault in order to award alimony, that is no longer the case. Instead, marital misconduct is only one of many factors the court may consider when deciding whether or not to award alimony, as well as how much and how long it should be paid. Of the different types of misbehavior that may qualify, illicit sexual conduct with someone other than your spouse is the only form of marital misconduct that has a defined impact on the award of alimony. If the dependent spouse is the one who engaged in an affair, he or she will be absolutely barred from receiving alimony. On the other hand, if the spouse who cheated was the supporting spouse, the court will require him or her to pay at least some amount of alimony. In the event both spouses had affairs, our courts have wide discretion to decide whether or not to award alimony to the dependent spouse. Beyond marital misconduct, the court may consider a number of other factors in deciding the amount and duration of an alimony award. These include the length of the marriage, the ages, health, incomes, and earning capacities of each of the spouses, whether one spouse was a homemaker or will be the primary custodian of the minor children, the standard of living enjoyed during the marriage, as well as several other factors. The tax implications of any award of alimony is also a factor to be considered, whether you are attempting to reach agreements on alimony with your spouse or are litigating this issue in court. Alimony can be awarded for a specific period of time or indefinitely. This is often referred to as permanent alimony. When the spouse receiving alimony remarries or cohabitates with a romantic partner, in the event the parties reconcile, or if either of the spouses dies, alimony will terminate. The court may also modify alimony in the future due to a substantial change of circumstances. Because alimony is so subjective, it would benefit you to consult with an experienced divorce attorney to get specific information and advice on how our alimony laws relate to the facts of your case. If you would like to discuss your case with our attorney, please give us a call.