Everyone has heard of alimony or spousal support, but how is it determined? Who is the beneficiary of the support? There are many factors that determine who receives alimony and how much support is paid. Alimony was created so prevent the spouse from suffering a decrease in their standard of living following a divorce.

Usually in a marriage there tends to be one spouse whose income is less than their spouse and it would be difficult for them to maintain their lifestyle. Spousal support helps to make sure the spouse has enough to live on. There is a common misconception though that alimony is granted in all divorces, but this is not the case. Only about ten to fifteen percent of divorces have alimony granted.

It is more common for the man to pay the support to the woman after a divorce. The reason being most men tend to be the main wage earner during the marriage, while many women take care of the household. For this reason, men tend to pay the support in a divorce situation. With the emergence of two income families, more women though have begun paying alimony - especially if their income is higher than the male.

In all states, spousal support is a right - which also means a person can waive that right. The most common form of this is a pre-nuptial agreement, where all parties agree legally to what each partner is entitled to. On the other hand, a spouse needs to prove they require support in order to receive it. In some states, the spouse needs to show they have a need for the support and cannot provide enough for themselves.

There are two types of support, temporary and permanent maintenance. Temporary is just what it means, it’s a short term support system. Where as permanent will remain unchanged until such time as each partner returns to court to change it. Some reasons you might change permanent alimony might be if the spouse moves in with someone, or remarrries. It might be reasonable to take it back to court and re-negotiate.

Another way to receive a payment would be a lump-sum payment. Usually a large amount paid out once. This is usually done in lieu of any property settlements or if there is little or no property to divide.

While there are factors to the amount of alimony awarded such as the spouse’s ability to pay, and the recipients need, a judge will decide on the amount. Of course if the spouses are able to agree on the amount of support themselves, a judge will usually grant it.