In American family law, "alimony" refers to the payment of alimony from one former spouse to another after a divorce or separation. The purpose is to provide financial support to the more economically vulnerable spouse, helping him or her to maintain a standard of living similar to that enjoyed during the marriage or to become financially independent.
Alimony types vary by state law, but the most common are:
Temporary Alimony (pendente lite): Temporary payment granted during divorce proceedings.
Rehabilitative Alimony: Provided for a limited period of time to allow the receiving spouse to acquire skills or education to achieve financial independence.
Durational Alimony: Payment for a fixed period, usually proportional to the length of the marriage.
Permanent Alimony: Ongoing payment, usually reserved for long marriages when one spouse cannot adequately support him or herself.
Lump-Sum Alimony: Alimony paid in a single amount.
Reimbursement Alimony: To compensate one spouse for costs incurred, such as financial support to the other for studies or training during the marriage.
Requirements for Granting Alimony
Eligibility for alimony and the amount awarded depends on the laws of each state and the court's analysis of multiple factors. Common criteria include:
Length of marriage: Longer marriages (usually over 10 years) increase the likelihood of alimony, especially permanent alimony.
Contributions from each spouse: Includes financial and non-financial contributions, such as taking care of the home or raising children.
Need of the requesting spouse: Must demonstrate that he or she needs financial support to maintain the pre-divorce standard of living.
Ability of the paying spouse: The court assesses whether the spouse has the financial means to pay alimony without compromising his or her livelihood.
Standard of Living During the Marriage: The court attempts to approximate the standard of living post-divorce to what was experienced during the marriage.
Age and health of both parties: Older spouses or spouses with health problems may receive or pay different amounts.
Income-earning capacity of the applicant spouse: Assessment of education, training and professional experience.
Conduct during marriage: In some states, conduct such as infidelity may be considered.
Termination or Modification of Alimony
Alimony payments usually end or may be modified in situations such as:
Remarriage of the receiving spouse.
Significant improvements in the financial situation of the recipient or financial difficulties of the payer.
Court decision based on new circumstances.
Differences Between States
Alimony laws in the US vary widely from state to state. For example:
Some states do not offer permanent alimony (such as Texas).
Others have more objective formulas for determining value (like Massachusetts).
In the US, following the 2019 tax reform, alimony payments are no longer deductible by the payer and are not considered taxable income by the recipient as defined by federal law.
There are a series of requirements that must be met when a divorce is carried out in the USA, in addition to the need for such documentation to be approved in Brazil, so that the divorce has effects in the national territory.
For these and other reasons, it is much more practical to file for divorce in Brazil, in addition to being less expensive and faster.
If you would like to schedule an appointment with us and be assisted by a specialist lawyer to answer specific questions regarding your situation, click here.
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