Alimony Lawyers - Maintenance Payments

Alimony, or maintenance, can be awarded to one spouse if his or her earning capability is substantially lower than that of the other spouse. Alimony is most often paid in monthly or weekly payments. Unlike child support, alimony is taxable to the recipient and a deductible to the spouse paying. In addition, judges awarding alimony can exercise enormous discretion; this creates a great amount of uncertainty and many who seek alimony reach an agreement out of court.

It is a good idea to spell out the terms of alimony in the event of death or re-marriage. In cases where the spouse paying alimony dies, then typically, the payments stop. Some orders or agreements do obligate the decedent's estate to continue the payments. A common measure put in place is a provision requiring the paying spouse to purchase and maintain a life insurance policy to ensure payments to the supported spouse. In the case of an alimony recipient dying, spousal support will be terminated (unless otherwise noted in the divorce agreement or court order).

If the alimony recipient remarries, payments are usually reduced. In most states alimony payments terminate completely upon remarriage of the supported spouse unless otherwise stated in the alimony agreement.