Alimony or spousal support involves providing financial support to a spouse after a separation or divorce. Every state and country has different rules and requirements surrounding these payments, sometimes making it challenging for people to know whether they could be eligible. 

While your chosen family lawyer is always the best person to receive alimony information from, you can also learn answers to some of the most commonly asked questions about alimony below:   

How Common is Alimony in the US?

Most family lawyers, like a Traverse City Family Lawyer, guide separating spouses through the various intricacies of divorce, like child support, property distribution, and child custody arrangements. However, they also help couples navigate alimony. 

While not as common as other legal arrangements post-divorce, alimony is still reasonably common. Short-term alimony is among the most common forms. This type of spousal support typically gives an ex-spouse the time and tools they need to become self-sufficient after the divorce process. 

How Much Alimony Does a Spouse Get?

There is no set figure that an ex-spouse will receive as an alimony payment. Every state has a different formula for calculating alimony payments. How much you can receive also depends on your income and that of your ex-spouse. 

As a general rule, your lawyer can calculate spousal maintenance by taking a specific percentage of the paying spouse’s net income and subtracting a portion of the receiving spouse’s net income. The total can’t exceed 40% of their combined net income. Sometimes, other factors are considered, like the couple’s age, marriage length, and any degrees. 

How Do You Request Alimony Payments?

Alimony payments aren’t a standard part of the divorce process. Instead, you must ask for them as part of your divorce proceedings. Your chosen divorce lawyer can help with this. You and your spouse may reach an agreement about alimony payments, and a judge can make your agreement part of the court order. If you and your spouse can’t agree, a judge may decide whether alimony payments are required. 

Can You Request Alimony Payments After Divorce?

Divorce proceedings can be so overwhelming that you may not immediately understand your rights and entitlements. As a result, you may not request alimony payments during the divorce and only realize you need them after the fact. 

You can’t request alimony once your divorce case has been finalized. If you believe you’re entitled to spousal support, you’ll need to discuss this with your chosen lawyer while your divorce case is underway. 

Are There Any Special Requirements for Alimony Payments?

There’s more to spousal support than having your spouse agree to payments during divorce proceedings. You must also meet specific IRS criteria, including: 

• Not filing a joint return
• Making payments in cash, money orders, or checks
• The spouses aren’t members of the same household when payments are made
• The payment isn’t for a property settlement or child support
• The payment is to a former spouse or spouse made under a divorce or separation agreement 

Being well-informed about alimony may serve you well during divorce proceedings. You may then learn whether you’re eligible to receive alimony payments or be required to make them. Always talk to your preferred family lawyer if you have any questions about spousal support or other elements of the divorce process.