Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner (referred to as spouses) upon divorce. Financial support paid by one spouse to the other spouse while the divorce is pending is often called temporary support.
The law regarding eligibility for spousal support—including the number of years payments must be made and the amount of the payments—often depends on factors such as the length of the marriage, the spouses’ relative earning capacities, the dependent spouse’s education and employment skills, the time a dependent spouse needs to obtain sufficient education or training, and whether there was family violence in the marriage.
Spousal support payments are generally taxable income to the person receiving the payments and deductible for the person making the payments. Such payments generally terminate upon (1) the end of the court-ordered award or payment period; (2) the death of either spouse; or (3) the remarriage of the spouse receiving the payments. And in some states the court may terminate the payments if the spouse receiving payments cohabits (lives) with another person with whom they have a romantic relationship.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic relations code.
In Vermont, alimony, also known as spousal maintenance, is financial support paid by one spouse to another following a divorce. The eligibility for alimony, the duration of payments, and the amount are determined by several factors, including the length of the marriage, the earning capacities of each spouse, the educational and employment skills of the dependent spouse, the time necessary for the dependent spouse to become self-sufficient, and the presence of family violence during the marriage. Vermont courts have considerable discretion in awarding alimony and consider the lifestyle during the marriage as well as each spouse's contributions. Temporary support may be granted while the divorce is pending. Alimony payments are typically considered taxable income for the recipient and tax-deductible for the payer, although changes in federal law since 2019 may affect this. Alimony usually ends when the court-ordered period expires, upon the death of either spouse, or if the recipient remarries. Cohabitation of the recipient with a new partner may also lead to the termination of alimony, depending on the circumstances and court decisions. It's important to consult with an attorney for specific advice as individual situations can vary widely and the laws are subject to change.