Spousal Support vs Alimony: Key Differences Explained
Ever wondered about the difference between spousal support and alimony? At TheBostonDivorceLawyer, we break down the details for you. Find out everything you need to know in our latest article.
On the authority of legal documents, spousal support is the generic term for payments made between spouses during the divorce or separation process, while alimony is a specific type of spousal support that is paid by one spouse to the other after the divorce is finalized. The main difference is that alimony is typically a more permanent and long-term obligation, while spousal support can be temporary and based on the needs of the recipient.
Definition
Spousal support or alimony is money that a higher-earning spouse gives to a lower-earning spouse during or after a divorce. The purpose is to help the lower-earning spouse keep up their standard of living or become financially independent.
Spousal support is a broader term that includes both temporary and long-term financial help. The amount and duration depend on various factors like how long the couple was married and each spouse’s earning ability. Frankly, couples can agree on the terms themselves, or a court can decide.
Alimony specifically refers to court-ordered payments made by one spouse to the other after they divorce. Though often used interchangeably with spousal support, alimony usually means regular payments over a set period.
Both spousal support and alimony aim to ensure that both spouses can maintain a reasonable lifestyle after their separation. These payments help to balance financial differences and provide support during the adjustment period.
Purpose
Spousal support is usually given during a divorce to help both partners live at a similar level. It’s mostly temporary and helps the lower-earning spouse get used to their new financial situation.
Alimony, on the other hand, is a payment ordered by the court that one spouse gives to the other after the divorce is final. So to speak, it helps balance out income differences, especially if one spouse gave up their job or education for the marriage. Alimony can also help the receiving spouse become financially independent over time.
Both spousal support and alimony aim to provide financial stability and fairness to both partners during and after a divorce.
Eligibility
Sometimes, whether a spouse can receive support depends on how long the marriage lasted. Longer marriages often mean a higher chance that one spouse will get support. The financial needs of each spouse are also important. If one spouse earns much more or has more assets, they might need to give financial help to the other.
On the other hand, alimony might be given more freely, without focusing on how long the marriage lasted or each spouse’s financial situation.
As far as I’m concerned, sometimes, alimony is awarded to a spouse who gave up their career or education for the marriage’s sake, even if they don’t really need the money. This type of support is to acknowledge their sacrifices and help them maintain their lifestyle after the divorce.
Duration
When figuring out how much one spouse should pay the other after a divorce, this is an important thing to think about.
Sometimes, spousal support (or alimony) is given for a few years, while other times it might last indefinitely. The length of these payments can depend on several factors, like how long the marriage lasted, what the recipient spouse needs financially, and what the paying spouse can afford.
Alimony usually lasts for a set time, often linked to the length of the marriage.On a serious note, its goal is to help the lower-earning spouse maintain a lifestyle similar to what they had during the marriage for that time.
Deciding how long spousal support or alimony should last can be complicated. It may involve negotiations between the spouses or a court decision. Both parties should understand the factors that affect these payments and get legal advice if needed.
Enforceability
From what has been mentioned before enforceability is all about making sure that any agreement or decision ordered by the court is actually followed and upheld.
If you think about it, spousal support and alimony provide financial help to a former spouse after a breakup. Spousal support is usually for couples who weren’t married, while alimony is for divorced couples.
How easily these payments can be enforced is a big deal. It depends on what’s written in the court order, if the paying spouse is willing to follow it, and the legal options to make them pay.
Often, courts can make sure these payments happen. On a serious note, they might take money directly from wages, put a hold on property, or even jail someone for not paying.
But getting these payments can be hard if the paying spouse doesn’t cooperate. In such cases, the spouse who should receive the money might need to get a lawyer to ensure the court order is followed.
In short, whether or not these payments can be enforced is important when setting them up. Understanding the legal ways to make sure they are paid is very important, and working with lawyers can help ensure everything goes smoothly.
Summing it All Up
Spousal support and alimony serve the same purpose of providing financial assistance to a dependent spouse after a divorce. What TheBostonDivorceLawyers is finding useful to is, both terms may be used interchangeably in different jurisdictions, the goal is to ensure that the spouse receiving support is able to maintain a similar standard of living as during the marriage.
