Divorce Law Spousal Support (Alimony)

An award of spousal support is ordinarily made within the context of the division of the parties' property and assets. Under appropriate circumstances, a typical trial court may provide for temporary spousal support while a divorce case is pending, or may order support to be paid retroactive to the date the complaint for divorce was filed. A spousal support award may take into consideration the amount of marital estate, and whether one of the spouses will have to liquidate assets awarded in the divorce in order to maintain a reasonable lifestyle. Where one spouse has sufficient income to preserve his or her share of the property settlement and the other does not, spousal support may be appropriate. Spousal support is usually awarded either in the form of periodic payments or "in gross" (in a lump sum). Periodic payments are usually described as "rehabilitative" (short-term payments to help the recipient spouse get back on his or her feet), or permanent (ordinarily lasting until death, remarriage, or further order of the court). Awards of periodic alimony are normally subject to subsequent modification by the court, whereas awards of alimony in gross ordinarily cannot be modified after judgment.