Frequently Asked Questions
Duration varies: temporary alimony lasts until divorce is finalized. Rehabilitative alimony lasts for a set period (1-5 years, often tied to education completion). Permanent alimony may last until death or remarriage, though increasingly courts award it for only a portion of the marriage length.
Yes, if there's a substantial change in circumstances (job loss, significant income change, illness, or retirement for the payer; income increase for the recipient). The burden is on the requesting party to prove the change is material.
Remarriage typically ends alimony in most states. Cohabitation may reduce or terminate alimony, depending on the state. Some states define cohabitation strictly; others consider financial interdependence.
Alimony is support for an ex-spouse's living expenses; child support is specifically for the child's care and needs. Child support is typically non-modifiable for changed circumstances (except in significant cases) and doesn't end upon child emancipation unless that's defined.
For divorces finalized after 12/31/2018, alimony is no longer tax-deductible for the payer and not taxable income for the recipient. This shifted the tax burden entirely to the lower-earning spouse, making alimony less valuable negotiating tool.
Yes. Both spouses can agree to waive alimony entirely in a marital settlement agreement. Courts typically honor these agreements if both parties are represented by counsel and understood their rights.