How Long Do You Have to Pay Alimony?

In the United States, alimony is referred to as spousal financial support. Courts determine how long alimony lasts and how much one spouse needs to pay the other spouse. Alimony helps the partner who made less money during the marriage maintain the lifestyle they were used to.

The length of alimony varies by state. Learn about the different types of alimony the court can award and find the answers to critical questions regarding alimony in this guide. 

There are five common types of alimony, all of which answer the fundamental question: Do you have to pay alimony? The answer is positive if you are going through a divorce. You should divide your personal and joint assets with your spouse and describe these details in a postnuptial agreement. The length of alimony depends on the circumstances of your divorce, your and your spouse’s financial capabilities, and the final court decision.

So, when does a spouse have to pay alimony? Alimony is usually paid monthly, but it can also be paid in one lump sum. Your alimony payment schedule depends on how the court sets it up. You and your ex-spouse can negotiate the time limit, or the court can decide. Usually, alimony is paid until one spouse remarries or one spouse dies. It is rare to terminate alimony unless both parties agree.

If you are ordered to pay alimony, a judge will also consider how long you were married. Usually, the longer the marriage, the longer the alimony must be paid. If couples are unsure about the rules in their state, they should speak to a family law attorney and associates.

When does alimony end a short marriage? Alimony will have a limited duration – if it is given at all. If you have been married for more than ten years, it gets more complicated, and you may be forced to pay alimony indefinitely unless the court modifies it. Here are a few examples of when the court may modify an alimony judgment:

If any of the factors listed above cause you to want to change the alimony agreement, contact an attorney to see if you have a legitimate basis for modifying the alimony judgment.

How long does a person have to pay alimony? You don’t always have to leave it up to the judge. It’s a surefire way to increase the cost of divorce to go to trial with your spouse on any dispute. A lawyer is usually necessary to guide you through the trial process, including gathering the right kind of evidence and preparing for the hearing.

As long as you were financially dependent on your spouse during the marriage, the judge can order your spouse to pay you alimony. The following is evidence that you were “dependent”:

There are still many factors a judge will take into account when deciding whether you will get alimony and how much. 

Usually, state laws specify the factors judges take into account when deciding whether or not to award alimony, as well as the amount and duration of the payments. The rules for temporary support during a divorce differ from those for post-divorce alimony.

After a divorce, judges generally must decide whether one spouse needs support and whether the other spouse is able to pay that support. When making that decision, judges should consider a number of factors, such as:

When deciding whether to award alimony, many states allow (or even require) judges to take into account any history of domestic violence or other misconduct by one or both spouses. However, there is one factor that is generally ignored: which spouse filed for divorce first. When you file for divorce, you have the right to request spousal support regardless of salary. If your spouse initiated the divorce, you might ask for alimony (usually by filing a “counter” petition or complaint).

If you’re not incredibly wealthy, you probably know that it’s nearly impossible to maintain separate households at the same standard of living as a couple did while married and living together. This is particularly true now that more and more divorced parents share custody of their children.

As a result, both former spouses will likely have to adjust after divorce. The judge might determine that if you’re the one ordered to pay support, you could earn more than you do now. If you only work part-time, you may need to look for a full-time position at a new workplace.

A final divorce judgment or other court order may include an agreement between you and your ex on the issue of spousal support. You may go back to court if your ex is not paying court-ordered spousal support. When you file a “show cause” motion, the court will hold a hearing to determine why your ex isn’t following the terms of the order and what the judge can do to enforce it.

Various tools are available to the family law courts to enforce alimony payments, and a deadbeat spouse can face fines and penalties for not following an alimony order. If the spouse has missed alimony payments, the judge may order him or her to make them up retroactively.