When a couple divorces, a court may ask one spouse to pay alimony or child support to help balance finances and protect the well-being of children. Understanding the difference between alimony and child support – including how payments work and how long they last – can help you better navigate a divorce settlement.
Alimony (spousal support)
Alimony, as also called spousal support, is financial assistance one spouse may be required to pay the other after divorce. It is generally awarded in situations when one spouse makes substantially more than the other. Laws vary by state, but the Uniform Marriage and Divorce Act recommends that courts take the following into consideration when deciding whether to award alimony:
- Physical, emotional and financial conditions of each spouse
- Length of the marriage (alimony isn’t typically awarded when a couple was married for only a few years)
- Standard of living during the marriage
- Length of time spouse who makes less money would need support to become self-sufficient
- Ability of spouse earning more money to support him/herself and the other party
As with most issues during divorce, you and your spouse can agree to the amount and length of time alimony will be paid and propose this to the court. If you can’t agree, the court will decide.
How do alimony payments work and are they taxable?
Generally, alimony is a set amount paid monthly. Tax rules for alimony depend on when your divorce was finalized. A tax professional can help clarify your specific situation. If your divorce settlement includes alimony, you should keep the following records on file for at least three years.
For the alimony payer
- A log of each payment (date, check number and address to which the check is sent)
- Originals of checks used for payment
- Signed payment receipts, if cash is used
For the alimony recipient
- A log of each received payment (date received, amount and check number)
- Bank name and photocopy of checks used
- Copy of signed receipts for cash payments
If a spouse refuses to pay alimony, you should take immediate legal action to enforce the court order. If necessary, a court may even take the drastic step of jailing a reluctant payer.
How long do alimony payments last?
Alimony payments vary in length, but it is often determined by one of the ex-spouse’s marriage status, living situation and other financial obligations.
- The judge sets a date several years in the future when the payments will stop.
- The person receiving alimony remarries.
- The children no longer need a full-time parent at home.
- A judge determines that after a reasonable period of time the person receiving alimony has not made a sufficient effort to become at least partially self-supporting.
- Some other significant event — such as retirement — occurs, convincing a judge to modify the amount paid.
- One party dies.
Child support
Both parents have a financial obligation to support their children. Child support is a legal obligation that requires both parents to contribute financially to the care and upbringing of their children. This responsibility exists regardless of whether the parents are married, divorced, separated or were never married.
What does child support cover?
Child support is intended to help cover a child’s basic needs, including:
- Housing
- Food
- Clothing
- Health care
- Education
- Other everyday expenses so the child can maintain a stable standard of living
In most cases, one parent makes child support payments to the other parent who has primary physical custody, but shared custody arrangements may also include child support depending on each parent’s income and parenting time.
When does child support end?
Child support does not last forever, but the exact end date depends on state laws and the child’s circumstances. Although child support rules vary by state, typically parents must support a child until:
- The child turns 18 (or older if the child has special needs).
- The child marries.
- The child is on active military duty.
- Parental rights are terminated (e.g., if someone else adopts the child).
- The child has been declared emancipated by a court. Emancipation can occur when a minor has demonstrated freedom from parental control or support and an ability to be self-supporting.
How much child support do I have to pay?
Many parents wonder how child support amounts are determined and whether they have any flexibility. The amount of child support a parent must pay depends on state-specific guidelines and the unique details of each family’s situation. Courts aim to calculate child support in a way that is fair to both parents while prioritizing the best interest of the child.
How is child support calculated?
Each state has guidelines to determine how much child support must be paid. A judge generally will use the following factors to help determine who pays child support and how much it will include:
- Income or potential income of each parent
- Custody arrangements
- How many children the parents must support
Some states also consider additional factors, such as health care costs, childcare expenses or special educational needs. Judges may adjust child support amounts if circumstances change, such as significant change in income or custody.
To learn more about child support rules in your state, consult with a local attorney who practices family law.
Frequently Asked Questions:
- What is the difference between alimony and child support?
Alimony supports a former spouse financially, while child support is intended to help cover the costs of raising a child after divorce. - Is alimony the same as spousal support.
Yes. Alimony and spousal support generally refer to the same type of financial assistance paid to a former spouse. - How is alimony determined in a divorce?
Courts may consider income differences, length of marriage, standard of living and each spouse’s ability to become self-supporting. - Is alimony taxable income?
Tax treatment of alimony depends on when the divorce was finalized. A tax professional can help explain current rules. - How long does child support last?
Child support typically continues until a child reaches adulthood, though timelines vary based on state laws and individual circumstances. - How is child support calculated?
Most states use guidelines based on each parent’s income, custody arrangements and the number of children involved. - What happens if alimony or child support isn’t paid?
Failure to pay court-ordered support can result in legal consequences, including enforcement actions ordered by the court. - Do alimony and child support laws vary by state?
Yes. Family law rules, include support calculations and duration, vary by state, so local legal guidance is important.