Alimony: Definition, Types, and Tax Rules

What Is Alimony?

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason for alimony is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all.

Understanding Alimony

How much alimony a spouse must pay, and for how long they must pay it, depends on how long the marriage lasted and the current and future potential incomes for both spouses. Many factors differ from state to state. However, if a couple separates or divorces after 10 years, alimony is usually awarded unless both spouses have the same earning power.

If their earning power is not equal, the lower-earning spouse will likely receive alimony payments, which may be perpetual or for a temporary period. Alimony payments may not be issued if both spouses have similar annual incomes or if the marriage is fairly new.

Types of Alimony

The types of alimony available can vary from state to state. In California, for example, there are five:

• Temporary alimony—Paid while the divorce is pending, this can include divorce costs and daily expenses, and it ceases when the divorce is finalized.
• Permanent alimony—Paid on a monthly basis, this continues until the death of either spouse or the remarriage of the lower-earning spouse.
• Rehabilitative alimony—Paid while the lower-earning spouse attempts to increase their employment chances through education or training or while on a job search, it ceases either after a fixed period of time or when the payee becomes self-supporting.
• Reimbursement alimony—Paid to reimburse a lower-earning spouse for expenses such as tuition or work training, it is not ongoing.
• Lump-sum alimony—Paid in lieu of a property settlement, this is ordered when one spouse doesn’t want any property or items of value from their marital assets.

As evidenced by the alimony types above, the termination of alimony is flexible and open to negotiation. Other situations that might serve as sufficient reason to stop payments include retirement, children no longer requiring the care of a parent, and a judge's determination that a recipient is not making a good-faith effort to become self-sufficient.

The Bottom Line

Alimony is known as spousal maintenance in some states. It's intended to support the spouse who earns less. In many cases, this spouse may have given up a career to raise the couple's children. The laws in many states dictate that a divorced spouse has the right to live the same quality of life they previously had when married.