Alimony is the payment of money for support of a spouse or former spouse at stated periods (usually monthly) during the joint lives of the parties so long as they live separate and apart.
Alimony is very different than child support. Alimony is paid to support a spouse or former spouse. Conversely, child support is paid to support minor children.
Alimony can be awarded by the court to either party based upon a Complaint for Alimony or as part of an action for Annulment or Divorce. Depending on the facts of a case, alimony may be awarded to one spouse while the litigation is pending, as well as at the time of the final divorce. The party seeking an alimony award does not need to have grounds for divorce. If the parties have resolved alimony by written agreement, the court will be bound by that agreement as it relates to alimony. If the parties’ agreement conditions that alimony is “not modifiable by any court,” then the court may not modify the alimony. Conversely, if alimony is awarded by the court, it is always modifiable.
When deciding whether to award alimony, the court must consider all factors necessary for a fair and equitable award, including: (1) the ability to be wholly or partially self-supporting; (2) the time necessary to gain sufficient education or training to find suitable employment; (3) the parties’ standard of living during the marriage; (4) the duration of the marriage; (5) the circumstances that contributed to the parties’ estrangement; (6) each party’s age; (7) each party’s physical and mental condition; (8) the ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the party seeking alimony; (9) Financial needs and resources of each party, including income, potential income, previous awards of child support, financial obligations, rights to receive retirement benefits, and 10) any other factors.
Whether you are asking for alimony or defending against a request for alimony, you will be required to complete a financial statement showing your income and expenses (a budget).
Washington DC law is clear that alimony is not meant to be a lifetime pension. If you and your spouse agree, alimony can be for however long you want. If you do not agree, a judge will decide whether alimony will be temporary, indefinite, or structured in some other way that is appropriate for your situation.
Indefinite alimony lasts until the death of one party or a change ordered by the court or agreed upon by the parties. Term-limited alimony (also called rehabilitative alimony) lasts for the period of time ordered by the court or agreed upon by the parties, generally while the receiving spouse obtains work experience or training necessary to become self-supporting.
While indefinite alimony is ordered much less frequently than rehabilitative alimony, indefinite alimony is generally awarded in cases with a long-term marriage (in excess of 20 years) where one spouse will always earn substantially more than the other spouse.
Unless the parties agree otherwise, alimony terminates: (1) on the death of either party; (2) on the recipient’s marriage; (3) if the court finds termination is necessary to avoid a harsh and inequitable result; or (4) on a date specified by the court or by the parties’ written Agreement.
If alimony is court-ordered, then it is modifiable upon request of either party, based on a material change in circumstances, until the termination date specified by the court.
In Washington DC, there are no alimony guidelines and there is no set formula used to determine the amount a party may receive. However, in addition to the long list of factors to be considered by the court in deciding how much alimony to award, the court may also look at “alimony guidelines” or “alimony formulas” used by other states.
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Alimony is the payment of money for support of a spouse or former spouse at stated periods (usually monthly) during the joint lives of the parties so long as they live separate and apart.
Alimony is very different than child support. Alimony is paid to support a spouse or former spouse. Conversely, child support is paid to support minor children.
Alimony can be awarded by the Court to either party based upon a Complaint for Alimony or as part of an action for Annulment or Divorce. Depending on the facts of a case, alimony may be awarded to one spouse while the litigation is pending, as well as at the time of the final divorce. The party seeking an alimony award does not need to have grounds for divorce. If the parties have resolved alimony by written Agreement, the Court will be bound by that Agreement as it relates to alimony. If the parties’ Agreement conditions that alimony is “not modifiable by any Court,” then the Court may not modify the alimony. Conversely, if alimony is awarded by the Court, it is always modifiable.
When deciding whether to award alimony, the court must consider all factors necessary for a fair and equitable award, including: (1) the ability to be wholly or partially self-supporting; (2) the time necessary to gain sufficient education or training to find suitable employment; (3) the parties’ standard of living during the marriage; (4) the duration of the marriage; (5) the circumstances that contributed to the parties’ estrangement; (6) each party’s age; (7) each party’s physical and mental condition; (8) the ability of the party from whom alimony is sought to meet their own needs while meeting the needs of the party seeking alimony; (9) Financial needs and resources of each party, including income, potential income, previous awards of child support, financial obligations, rights to receive retirement benefits, and 10) any other factors..
Whether you are asking for alimony or defending against a request for alimony, you will be required to complete a financial statement showing your income and expenses (a budget).
Washington DC law is clear that alimony is not meant to be a lifetime pension. If you and your spouse agree, alimony can be for however long you want. If you do not agree, a judge will decide whether alimony will be temporary, indefinite, or structured in some other way that is appropriate for your situation.
Indefinite alimony lasts until the death of one party or a change ordered by the court or agreed upon by the parties. Term-limited alimony (also called rehabilitative alimony) lasts for the period of time ordered by the court or agreed upon by the parties, generally while the receiving spouse obtains work experience or training necessary to become self-supporting.
While indefinite alimony is ordered much less frequently than rehabilitative alimony, indefinite alimony is generally awarded in cases with a long-term marriage (in excess of 20 years) where one spouse will always earn substantially more than the other spouse.
Unless the parties agree otherwise, alimony terminates: (1) on the death of either party; (2) on the recipient’s marriage; (3) if the Court finds termination is necessary to avoid a harsh and inequitable result; or (4) on a date specified by the Court or by the parties’ written Agreement.
If alimony is Court-ordered, then it is modifiable upon request of either party, based on a material change in circumstances, until the termination date specified by the Court.
In Washington DC, there are no alimony guidelines and there is no set formula used to determine the amount a party may receive. However, in addition to the long list of factors to be considered by the Court in deciding how much alimony to award, the Court may also look at “alimony guidelines” or “alimony formulas” used by other states.
