Practice Areas > Family Law > Alimony and Post Separation Support
Q. What is alimony?
A. Alimony is the payment for support and maintenance of a dependent spouse by a supporting spouse. Typically the dependent spouse, husband or wife, is in fact substantially dependent on the supporting spouse for their support.
Q. What is post separation support (PSS) and when does it terminate?
A. PSS is Court ordered spousal support paid by the supporting spouse to the dependent spouse until the date specified in the order of post-separation support, the parties resume marital relations, the dependent spouse remarries, the dependent spouse cohabits with another adult in a private heterosexual or homosexual relationship, the dependent spouse or supporting spouse dies, or an order awarding or denying alimony, whichever comes first.
Q. What does it mean to be “substantially dependent”?
A. A spouse, either husband or wife, has monthly expenses that exceed the monthly income and the party has no other means to meet the expenses. The dependent spouse does not have to be impoverished. The Court considers the dependent spouse’s standard of living to which they have become accustomed during the last several years prior to the parties’ separation.
Q. How is alimony paid?
A. Payments for alimony can be made in periodic payments, in one lump sum, a transfer of title in real property, or an interest in other property.
Q. What factors are considered by a judge to determine alimony payments?
A. In making a determination, the court may consider the following factors:
- 1) The parties’ accustomed standard of living,
- 2) The party’s present employment and other reoccurring income and/or earnings,
- 3) The party’s ability to earn income,
- 4) The marital and separate debt service obligations,
- 5) The legal obligations to support other persons (including children), and
- 6) The expenses reasonably necessary to support each of the parties.
Q. How long do I have to pay alimony?
A. A party ordered to pay alimony is under an obligation to provide the support until terminated by either a date set by the court, remarriage of the dependent spouse, death of either party, or cohabitation of the dependent spouse. Alimony is intended to be rehabilitative to the dependent spouse. The hope is that the supporting spouse can provide the dependent spouse the opportunity to become self-supporting. The age, health, physical well-being, and other similar qualities are also factors the Court may consider.