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1. Permanent: This type of alimony is to be paid until either the death of the pay or of the remarriage of the recipient. Some agreements may include a "cohabitation" clause that states alimony ends when the recipient cohabits with another person in the avoidance of marriage.
   
   
2. Lump sum: This type of alimony is one payment of alimony instead of periodic (usually weekly or monthly) payments. Lump sum alimony just like all other alimony is taxable, so be sure to consult with a CPA experienced in divorce to determine the tax consequences of this type of payment prior to agreeing to it.
   
   
3. Temporary: This type of alimony lasts for a specific period of time, usually one to two years. This type of alimony may be awarded when the persons involved are on almost equal ground but due to certain circumstances, one person may need financial assistance in order to "get on their feet."
   
   
4. Rehabilitative: This type of alimony is the most commonly awarded alimony. It is awarded in a situation where the recipient is younger, or able to eventually enter or return to the work force and become financially self-supporting. Rehabilitative alimony may include payments for the education necessary to enable the recipient to become self-supporting.
   
   

1. Duration of the marriage.
   
2. Earning capacity of both parties.
   
3. Age, as well as physical, mental, and emotional state of each party.
   
4. Other income, including but not limited to interest and dividends.
   
5. The contribution by one spouse to education and furtherance of career of the other.
   
6. The contribution of one spouse as a homemaker.
   
7. How much earning power will be affected by the parenting requirements of the custodial parent.

Alimony, also called maintenance in some states, is money paid by one spouse to the other after a divorce for the purpose of support. Husbands as well as wives are sometimes appropriate candidates for alimony.

Mention of the word "alimony" often elicits strong emotional responses. In the past, before so many women worked outside the home, the husband was the one who paid, and he paid more if he was at fault in the divorce. Sometimes, if the wife was at fault, she was not granted alimony.

At the present time, a very small percentage of divorces or separations even involve the payment of alimony; of those that do, an even smaller number receive alimony for more than a brief period of time. Fault is no longer a factor in granting or limiting alimony in more than half of the states. Ask your mediator about the alimony situation in your state- in Texas, for example, you must be married for more than 10 years to receive alimony- as it's important to understand the factors considered in your specific situation.

Permanent alimony is generally reserved for an elderly, unskilled spouse and a marriage of lengthy duration, or the spouse of a wealthy person who would be totally unable to maintain the standard of living the wealthy spouse had been providing. Dolores worked with a couple, for example, where the wife had supported her older artist husband for many years. Although she wasn't wealthy, she earned four times her husband's income. In this case the wife agreed to pay long- term alimony.

If you successfully negotiate for any alimony, it will probably be rehabilitative - to be paid for a specific period of time so that you can develop a way to earn a satisfactory living or qualify for a promotion. The other option is temporary alimony, which is intended to compensate you for time spent in the past helping your spouse with his or her business or career, or in some circumstances, for time you will spend without full- time employment until your child reaches a certain age.

You will need to negotiate about whether you will receive any payments, and if so, how much and for how long. You will want to be sure there is enough money available, in accordance with the child support guidelines, for child support and child-related expenses before alimony is negotiated. Then the income and expenses of both you and your spouse must be considered to determine if alimony is appropriate. Take a realistic look at your personal financial situation, have a complete physical examination, and try to make the best possible assessment of your present and future needs, especially with regard to when and under what circumstances you can become self-sufficient. These considerations will help you negotiate for an appropriate amount of alimony.

You will probably want to include in your agreement some events which would result in the termination of alimony. For example: if circumstances change for the spouse who's paying, or if you remarry or live continuously with a lover who is contributing to the household income. See also question 4:Do alimony payments stop if I live with a new partner (cohabit) or remarry?

If you don't have alimony in your agreement, generally you can't add it once you're divorced, even if circumstances change. If, however, you are negotiating for alimony and you think circumstances may change, you can spell out terms for adjusting the payments in the future.

SIDEBAR A: Question 1
Wherever you live, you are unlikely to get permanent alimony unless:

• You have been married for many years, you are a senior citizen, and you are unable to work or gain the skills necessary to obtain a job which will support you.
• You have been married to a wealthy person and cannot keep up the standard of living to which you've become accustomed.
• You live in certain states, such as New Hampshire, New Jersey, Michigan, Virginia, Oregon, and Washington State, where permanent alimony is granted more liberally.

SIDEBAR B: Question 1
Sometimes when one spouse has been the main provider, he begins negotiations with an expressed or unexpressed desire to continue providing everything. Dolores worked with a couple where the husband was a teacher. In the first session, he offered generous alimony and child support payments. Although there would soon be two households, he wanted to support both households to the extent that he had supported the family prior to the divorce.

Dolores encouraged the couple to draw up a realistic budget for each home, including rent, utilities, transportation, cleaning, food, and all the other necessary day-to-day expenditures. Once they realized what living separately would actually cost, the husband was able to focus more realistically on what he could provide.

You can always try to negotiate for alimony if you feel alimony is necessary for your future survival- whether or not you're at fault in the divorce. Don't hesitate to bring it up in mediation so that the mediator can help you explore the possibility of including alimony in your settlement. Even if your spouse is angry, he or she may be willing to focus on the future and make tradeoffs for something else he or she wants. You will need to consider your spouse's ability to pay, the length of the marriage, your earning potential, age, and general health along with any other pertinent factors.

Historically, fault might have resulted in the loss of alimony, but today although most states have fault grounds, few states require fault grounds for divorce. However, if you litigate in some states, fault may play a part in determining alimony, as well as custody and property rights.

SIDEBAR : Question 2
In Georgia, a person who has committed adultery and might otherwise be entitled to alimony may lose out if the facts show that the adultery was the cause of the separation.

In North Carolina, abandonment or marital misconduct, such as "illicit sexual behavior" may be factors in granting alimony. There are very specific rules:

• If the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay alimony.
• If the supporting spouse has also committed acts of illicit sexual behavior, then the court may award alimony.
• If only the supporting spouse has committed such acts, the court must award alimony.

A key factor for the two of you to consider is the ability of the moneyed spouse to pay. If one of you is considerably more prosperous than the other, it is more likely that alimony will be a possibility. The actual amount must be negotiated.

Some of the factors you will want to think about in the course of agreeing on alimony include:

• The assets, debts, and income of each of you
  • Does the person seeking alimony have other assets which can provide significant income, such as investments, trusts, pensions?
  • Are there marital debts that either of you will be paying after the divorce?
• The future earning capacity of each of you
  • Did one of you put the other through school? As a result, does one of you have a greater future earning capacity?
• The length of the marriage
  • Have you established a standard of living during a long marriage that the less moneyed spouse will be unable to maintain?
• A prenuptial agreement, if any
  • Is there a valid prenuptial agreement, and does it prohibit or limit the amount of alimony? Have circumstances changed? Would it be fair to mediate a change in the arrangement?
• Age of children
  • Are there very young children at home? Will one of you need to stay home to care for them? Can you afford child care, or do you need to pick up your children after school? How will that affect your future career? Your retirement savings?
• Special circumstances such as advanced age, disability
  • Are there reasons one of you cannot be self-supporting?
• The tax advantages and disadvantages to each of you
  • Alimony is tax-deductible to the payer and taxable to the recipient. There are various ways to pay alimony which have different tax consequences.

You and your spouse must discuss when and under what circumstances you will be able to support yourself. In your mediated agreement, you can agree to include specific circumstances under which alimony will stop or be reduced. For example, couples often agree that continuously living with someone who can share expenses, whether you remarry or cohabit, is a circumstance under which alimony will terminate.

If you litigate, and there is no provision in a signed separation agreement which states the terms for ending alimony, some states will terminate alimony if you are cohabiting or remarried. Other states may assume that you need less alimony if you cohabit, and if you don't feel your alimony should be reduced under these circumstances, the burden of proof will be on you to show that your economic situation has not changed.

SIDEBAR A: Question 4
These are some limits you may negotiate for ending alimony:

• remarriage
• graduation from college
• earning more than a certain amount
• moving in with someone else
• a specific date
• when children reach a certain age
• the paying spouse's retirement

SIDEBAR B: Question 4
In some states, such as Virginia, even if you agree with your spouse to separate, cohabiting while waiting for your divorce will give your spouse grounds to end alimony. Before cohabiting, always discuss with your mediator or attorney what you need to put in writing in your temporary agreement or separation agreement so that you can protect yourself.

When you mediate your agreement, you can agree in writing as to the specific circumstances for changes in alimony payments.

Since couples can't know in advance what might occur, they often agree to a cost of living adjustment (COLA) or agree that, if a certain event occurs, such as a significant change in income which will be described in the agreement, alimony may be revised upward or downward.

Many couples build in events which will provide a reason for the termination of alimony, for instance cohabitation or remarriage.

If you have an agreement and one of you seeks a modification of alimony through the court, for the most part the court will not intervene or change the alimony described in your agreement. There are exceptions

• Courts do recognize agreements in which couples modify the terms of alimony on their own. If the two of you agree, you can always return to mediation to work out a new alimony arrangement- and put it in writing.
• Some courts will change the alimony arrangement if you go on welfare or are in dire financial need.

You can't. Unless there is a specific arrangement in your signed agreement, alimony payments terminate with your death or the death of your ex-spouse. Usually, an annuity or life insurance policy is an alternative way to provide some future income for you if your spouse dies. Your mediator will know what is permitted in your state.

If it seems likely that your ex-spouse may not be able to continue to pay support, may become disabled, may retire or die, you may prefer to negotiate for more marital property and little or no alimony.

You should discuss deferred salary or other kinds of deferred payment arrangements as part of your negotiations in mediation.

Sometimes for tax or other purposes, an employee arranges to defer part of their salary until the following year. You can agree that this deferred sum will be treated as part of the current year's income, or that the calculation of the following year's support obligation include the deferred salary. Deferred income of any kind is always considered for purposes of child support and is subject to the child support guidelines or to whatever child support formula you agree on. In mediation you can negotiate whatever terms you choose regarding this money.

Similarly, when, prior to divorce, some authors, movie stars, and sports figures sign contracts for significant sums in which payment is made over a lengthy period of time, in many instances the money will be treated as marital property to be divided or future income to be shared.