Alimony for life is a common desire among those who were in long-term marriages. Alimony, or spousal support, is financial assistance provided by one spouse to the other after a divorce. While alimony is often temporary, there are circumstances where courts may award lifetime alimony. However, there are certain factors that the courts will consider before making this decision. In this article, we will delve into the different reasons for alimony as well as the stipulations for it.
What is Alimony for Life?
Lifetime alimony, also known as permanent alimony, is a court-ordered financial arrangement where one spouse provides support to the other for the remainder of their life. Courts consider several factors when deciding whether to award lifetime alimony, including:
Length of the Marriage: Long-term marriages, generally those lasting over 15 years, are more likely to result in lifetime alimony.
Age and Health: Lifetime alimony is more likely if the receiving spouse is older or has health issues limiting their ability to work. These occur often in gray divorces.
Earning Capacity and Financial Need: Courts evaluate whether the receiving spouse has the skills or opportunity to become self-sufficient. If they lack marketable skills or face barriers to employment, lifetime alimony may be appropriate.
Standard of Living: Courts may want to ensure the receiving spouse maintains a lifestyle comparable to theirs during the marriage.
Marital Contributions: Spouses who sacrificed career opportunities to support the other or care for children may have a stronger case for lifetime alimony.
It’s important to remember that lifetime alimony is less common and is typically for situations where the receiving spouse is unlikely to achieve financial independence.
Other Types of Alimony
Lifetime alimony is one of several types of alimony a court may award. Some of the others include:
Temporary Alimony: This is awarded during the divorce process to support the spouse until the divorce is finalized. This will be setout in what’s called an Agreed Temporary Order.
Rehabilitative Alimony: Rehabilitative alimony is temporary and helps the receiving spouse gain skills, education, or training to become self-sufficient. This time hinges on the receiving spouse’s efforts to be self reliant.
Durational Alimony: This provides support for a set period, often relating to the length of the marriage, but not exceeding a specific timeframe. In most cases, the judge sets an amount to be paid out over a certain amount of months or years.
Much like with lifetime alimony, courts will look at several different factors before making their decision.
Can Lifetime Alimony Be Modified or Terminated?
Lifetime alimony is not always set in stone. Courts can modify or terminate it under certain circumstances, including:
- Remarriage: If the receiving spouse remarries, alimony typically ends.
- Cohabitation: Some states allow termination if the receiving spouse enters a supportive, cohabiting relationship.
- Change in Financial Circumstances: Significant changes, such as the paying spouse’s loss of income, may prompt the court to revisit the alimony order.
While lifetime alimony is possible, it is not a guarantee and can be challenging to secure. The paying spouse may argue that permanent support is unnecessary or unfair, and can demonstrate the receiving spouse’s potential for self-sufficiency.
Tulsa County Divorce Attorneys
Alimony for life is possible, but is typically for long-term marriages or when the receiving spouse cannot achieve financial independence. Courts carefully evaluate the circumstances of each case to determine whether permanent support is appropriate. If you believe you may qualify for lifetime alimony, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.