Terminating a marriage is a difficult decision not only due to all the emotions involved, but also because it requires both parties to adjust to a new normal.

One of the biggest changes is the living situation. One half of the divorced couple must uproot his or her life to find a new home and, in some circumstances, a job. Moving forward after a divorce may seem like an insurmountable obstacle to recently divorced individuals who rely on an ex-spouse for financial support, but alimony payments can help.  

What Is Alimony?

An alimony payment—also known as spousal maintenance—refers to the money that the higher-earning spouse pays the lesser-earning spouse after they get divorced. One of the reasons alimony payments are beneficial is because they allow the recipient the opportunity to make any necessary life changes to live independently, such as furthering their education or securing a full-time job.

Alimony is important because nobody deserves to be thrust into poverty because their marriage failed.

What Is Child Support?

Child support is money one spouse pays to the other after a divorce. Child support payments help divorced parents provide for their children without struggling to make ends meet as a single parent. Divorce is hard on children whose parents have been around every day of their life. Divorce leaves many kids feeling responsible for the divorce or overwhelmed by custody and visitation agreements. Child support ensures children do not suffer unnecessarily from their parents’ divorce.

Alimony vs. Child Support

Child support is similar to alimony except parenting time and responsibilities factor into the equation just as much or more than income. A parent who makes less than their ex might still end up paying child support if the higher-earning spouse has full custody. 

Child support should be spent on the child’s needs rather than helping the parent get by, while alimony payments are meant to help the parent. Child support often helps single parents cover the cost of new clothes or school supplies for their child. Although both of those expenses are important, they are likely not at the top of a single parent’s priority list if he or she is worried about paying rent or putting food on the table.

How Is Alimony Determined?

There is not a default amount of alimony that judges award. The award varies but is often determined by factors like the difference in each spouse’s monthly income and the length of the marriage. A common formula takes the difference in monthly income and awards the receiving party a percentage of the difference based on the length of the marriage.

Some of the other factors judges consider when awarding alimony include assets the receiving spouse gains in the divorce, the receiving spouse’s ability to find a job or a history of excessive spending. Another variable at play when determining alimony is if the alimony payments are temporary or long-term.

Will a Personal Injury Settlement Affect My Alimony?

Your assets do play a role in alimony. However, personal injury lawsuits generally do not make injured people rich. The goal of injury claims and litigation is to help injured people make a full recovery after accidents caused by someone else's negligence.

Chances are a personal injury settlement will not drastically change your alimony equation unless you or your spouse were awarded significant non-economic damages or punitive damages. Couples relying on lost wage compensation may also be required to split those economic damages in a divorce settlement.

For example, if a car accident resulted in the disability of a household’s primary wage earner, the entire household may rely on the lost future wage compensation. If the couple receiving that compensation were to get divorced, part of that compensation would need to go to the non-disabled divorcing spouse.

If you or a loved one have been hurt in an auto accident, contact one of the attorneys listed on the PHX Elite Lawyers website.