What is Spousal Support? Basics And Legal Definition

Although there are differences across jurisdictions, spousal support essentially has the same basic definition everywhere.

Spousal support is money that one spouse pays to another spouse after a marriage has ended. The person paying support is called the payor or obligor, and the person receiving it is called the payee or obligee.

Spousal support can be called different names, including spousal maintenance or alimony. The court may award this support after a trial or the couple may agree on how much support should be paid. This agreement can be made before marriage and put into a prenuptial contract, or it could be made as part of divorce settlement negotiations that occur when a marriage is ending.

Legal Definition of Spousal Support

Each state has its own statutes addressing spousal support.

For example, West Virginia Code Section 48-8-101 sets forth general provisions regarding spousal support. This law states that “an obligation that compels a person to pay spousal support may arise from the terms of a court order, an antenuptial agreement or a separation agreement.” The statute defines four types of support that a payor could owe including permanent spousal support, temporary spousal support, rehabilitative spousal support and gross spousal support.

On the other hand, Ohio Code Section 3105.18 states that spousal support means any payment or payments made to a current or former spouse or made to a third party for the benefit of a current/former spouse if those payments are “both for sustenance and for support of the spouse or former spouse.”

While the language and terms may vary, the basic premise is universal. If one spouse earns more money, they may have to pay some of that money to the other spouse. They may be required to do this either temporarily or permanently depending on factors such as the length of the marriage, the lifestyle established during the marriage and whether the payee can become self-supporting.

The exact types of spousal support available can also vary by state, but here are some of the most common types of alimony that are likely to be awarded.

These may have different names in different jurisdictions, and each type may not be available everywhere. However, in most parts of the country, couples can expect these types of alimony to potentially be on the table.

Temporary Alimony

Also known as “pendente lite,” this type of support is paid during divorce proceedings when one spouse demonstrates financial need. This temporary support is meant to help the nonmoneyed spouse pay their bills while the case is being decided.

Permanent Alimony

Permanent alimony is paid after a divorce and continues until the payee remarries or either spouse passes away.

This type of alimony is ordered when the court believes one spouse should continue to provide for the other over the long term, often because there’s an earning gap that’s not likely to close, the couple was married for a long time and established a certain living standard, the payee is permanently disabled or chronically ill, or the payee spouse made significant contributions to the payor’s career.

Rehabilitative Alimony

This is paid after divorce for a set period of time. The goal is to provide an opportunity for the payee to become self-supporting. It may be paid for a set duration while the payee receives training or credentials.

Lump Sum Alimony

This is a set amount that one spouse pays to the other. It’s typically a large, one-time payment. This is an alternative to periodic payments made over time.

Payment of Expenses

It’s also possible for alimony to be ordered as payments made to someone else. For example, the payor spouse could be ordered to pay the payee’s utility bills or to pay the mortgage on the home the payee lives in.

There are different ways that alimony is determined. Here are a few of the options.

Prenuptial Agreement

If you and your spouse signed a prenup before getting married and that prenup addressed alimony, the agreement you made should determine what happens with support when you divorce. This is true as long as the prenuptial agreement is valid under the laws of your state.

Writing a prenuptial agreement can be a very smart choice. This allows you to make your own decisions about important divorce issues in advance. You can also opt out of default laws. For example, those who live in community property states could specify a preference for a different division of assets.

Having a prenuptial agreement can make it easier to get a cheap divorce as you will not have to fight over issues or have a court decide on key matters for you.

Postnuptial Agreement

This is similar to a prenuptial agreement but is entered into during the marriage. It could be created right after the wedding because you didn’t get around to signing a prenup or it could be created later in the marriage.

This is common if your financial circumstances change and you want to alter the terms of the prenup, or you don’t have one in place and want to determine how a sudden windfall or professional success will be handled if you divorce.

Settlement Agreement

When you and your spouse decide to divorce, you can create a divorce settlement on your own outside of court. If you do, you could pursue an uncontested divorce.

You’ll need to agree on things such as division of property, how to share custody, child support and alimony. If you come to a consensus, you don’t have to ask the court to litigate these issues so divorce should be faster, cheaper and less acrimonious.

There are some regional differences in the process of securing an uncontested divorce. However, in general, uncontested divorces can have better outcomes for couples who are able to decide what settlement terms make sense for their situation.

If you cannot come to an agreement on your own about the issues but want an uncontested divorce, you could consider mediation or arbitration to help you resolve your differences.

While you may be tempted to skip the lawyer if you hire a mediator and just file the paperwork with help from a service, this can be risky and you might prefer to have a legal advocate negotiating for you.

An attorney in your local area could provide invaluable assistance in coming to a fair settlement agreement that provides for the alimony and property arrangements you deserve.

How long alimony lasts depends on many factors. If the court awards permanent alimony or you agree on permanent alimony with your spouse, then spousal support payments could be made for the duration of the payee’s lifetime—as long as they don’t remarry.

The time duration for alimony usually depends on the length of the marriage, what contributions the payee spouse made to the marriage and career of the other spouse, whether the payee is chronically ill, elderly or disabled and whether an earning disparity is likely to be persistent.

Spousal support always ends when the payor remarries or if either party dies. It’s important to note that even if the payee files for bankruptcy, their obligation to pay spousal support cannot be discharged in the bankruptcy.

Alimony modifications can be requested if either party’s income significantly increases or decreases. It’s up to the party requesting the change to prove that the circumstances have changed and convince the court that the order should be modified.

While there are differences from state to state, every state has mechanisms in place to enforce support orders.

In many cases, the support due will be taken directly from the paycheck of the payor. If the payor refuses to pay court-ordered support, they could be held in contempt of court and face penalties up to and including jail time.

If a payor isn’t making prompt payments, the payee spouse can work with an attorney to initiate enforcement proceedings. The court could then order wage garnishment, placement of a lien on the payor’s property or other penalties.

If a payor cannot make payments because their financial circumstances have changed since the divorce, they must petition the court for modification of support based on a material change in circumstances. Doing this early on could help to avoid enforcement actions.

Spousal support can be very important after marriage, as one spouse often sacrifices their career for the other or to raise shared children.

Those who are divorcing need to make sure their support order is fair to both the payor and payee. Each party should be represented by an experienced family law attorney who can help them protect their interests during the divorce process.

Still need to know more? Here are some answers to frequently asked questions about spousal support.