Alimony Frequently Asked Questions (Updated February 2024)

Alimony (a.k.a. Spousal Support) is the legal obligation of a person to provide financial support to his or her spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each State.

In the State of Connecticut, Alimony is based on a spouse’s duty to support the other after a divorce when dependency has been determined by the court.

Ideally, Spousal Support is best determined by the Agreement of both parties, but if the agreement cannot be reached, Alimony will be decided by the judgment of a Family Judge in the Connecticut Superior Court.

Just like everything else regarding alimony there are no exact rules for alimony just general Rules of Thumb.

The shorter the marriage there is less-likely to be a presumption of alimony;

Typically, if the marriage lasted for two years or less then there will be a very short award of Spousal Support, if any. Aside from this, the longer the marriage the longer the alimony payments can continue.

The longer the marriage the longer alimony will most likely have to be paid;

Typically, after 20 years the marriage is considered long-term meaning that permanent alimony is a possibility which is when alimony is paid until the death of either party.

Half the length of the marriage (for marriages less than 20 years);

Again, the most important point with regard to alimony is that judges have complete discretion, but a Rule of Thumb for marriages shorter than 20 years, is that an alimony order will be around half the length of the marriage. But given the discretion of the judges, these is still a wide range of terms of alimony.

A spouse can be ordered to pay you alimony if a family court judge finds that you were financially dependent on your spouse during your marriage.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards Spousal Support, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage; the causes for the annulment, dissolution of the marriage or legal separation; the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties; and the property division award, if any, which the court may make.

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards Spousal Support, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage; the causes for the annulment, dissolution of the marriage or legal separation; the age, health, station, occupation; amount and sources of income; earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make.

Pendente lite translates to “pending the litigation,” and is a type of alimony or spousal support that may be granted during litigation to a party, based on the statutory factors (except for the cause of the breakdown of the marriage, which is not taken into account until the final orders). Pendente lite alimony is awarded during the action and prior to any final orders of judgment

There is no clear formula or explicit statutory guidelines for calculating alimony in Connecticut.

Family court judges have broad discretion in determining how much alimony will be paid, how it will be paid, and on what schedule.

Alimony is ideally determined by the Agreement of both parties, but if the parties cannot reach agreement, Alimony will be decided by the judgement of a Family Judge in the Connecticut Superior Court.

There is no such thing as an “alimony calculator,” so do not use any tool that represents itself as such, or rely on any information that such a tool may claim to offer. There is no way to accurately calculate alimony in Connecticut because of the many factors that family judges can consider when deciding alimony. Most importantly, each judge can exercise complete discretion when determining alimony, so, there is no consistent or reliable way to have an “alimony calculator”.

No, there is no clear formula or explicit statutory guidelines for calculating alimony in Connecticut, unlike the state guidelines that exist for child support.

The most important thing to understand about alimony in Connecticut is that family court judges have broad discretion in determining how much alimony will be paid, how it will be paid, and on what schedule.

Therefore, if you choose not to settle your divorce by a negotiated settlement, your alimony determination ultimately rests in the hands of a family judge — whose rulings are not predictable or necessarily consistent, and may not represent the realities of your family’s financial situation or needs

In the State of Connecticut, Alimony orders are either Temporary (a.k.a. Pendente Lite), Time-Limited, or Permanent (a.k.a. Lifetime).

The duration of a Pendente Lite alimony award will continue until final divorce orders are entered by a Family Court Judge or otherwise modified by formal judgement and entered as revised orders.

The duration of alimony payments, in the case of Time-Limited Alimony, is defined in your court ordered divorce (a.k.a. divorce agreement and a divorce decree.)  (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony in Connecticut means that the alimony payor must continue to pay alimony until either they die, or their ex-spouse pre-deceases them.   (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony does not, however, prevent a person from retiring at a reasonable retirement age, usually no earlier than age sixty-five, though every case is different. Reasonable retirement age can be dependent on the industry in which the alimony payor works or his or her profession. Once the alimony payor is ready to retire, assuming that he or she is retiring at a “normal” retirement age, he or she has the right to file a Motion to modify his or her alimony obligation (so long as the alimony award is modifiable), requesting that alimony should cease on the basis of retirement (a substantial change in circumstances). (Refer to Non-Modifiable Alimony exception below)

Alimony Payments After Death

Although one might assume that after the passing of either the payor or payee alimony payments will stop that is not always the case in Connecticut. In some situations, the court will order the payor to obtain life insurance (if they do not already have it) or other security forms so that if they were to pass away alimony payments could still proceed. Although this is not something that happens frequently it is a possibility and something to consider when thinking about how long your alimony payments might last

Alimony Modification

Either spouse can request a modification or termination of an alimony award if:

1. If there is a Substantial Change in Circumstances since the last order;
2. Remarriage or Cohabitation of the recipient spouse is living with (or remarries) another person, and the living arrangement alters the financial needs of the recipient. (Conn. Gen. Stat. Ann. § 46b-86).  A divorce order must specify that Alimony ends automatically upon remarriage to eliminate the need for a post judgement modification, otherwise a motion for post-judgement modification must be filed by the spouse-payee, heard, and modified order entered by a family judge.

Non-Modifiable Alimony Exception

However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future

The duration of Pendente Lite Alimony/Temporary Alimony Orders continue until final divorce orders are entered by a Family Court Judge or otherwise modified by formal judgment and entered as revised orders.

The duration of alimony payments, in the case of Time-Limited Alimony Orders, are defined in your court ordered divorce (a.k.a. divorce agreement and a divorce decree.)  (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony in Connecticut means that the alimony payor must continue to pay alimony until either they die, or their ex-spouse pre-deceases them.

Lifetime Alimony and Retirement - A Lifetime Alimony Award does not, however, prevent a person from retiring at a reasonable retirement age, usually no earlier than age sixty-five, though every case is different. Reasonable retirement age can be dependent on the industry in which the alimony payor works or his or her profession. Once the alimony payor is ready to retire, assuming that he or she is retiring at a “normal” retirement age, he or she has the right to file a Motion to modify his or her alimony obligation (so long as the alimony award is modifiable), requesting that alimony should cease on the basis of retirement (a substantial change in circumstances). (Refer to Non-Modifiable Alimony exception below)

Lifetime Alimony Payments and Death - Although one might assume that after the passing of either the payor or payee alimony payments will stop that is not always the case in Connecticut. In some situations, the court will order the payor to obtain life insurance (if they do not already have it) or other security forms so that if they were to pass away alimony payments could still proceed. Although this is not something that happens frequently it is a possibility and something to consider when thinking about how long your alimony payments might last

Alimony Modification -Either spouse can request a modification or termination of an alimony award in the event of:

• A Substantial Change in Circumstances since the last order; or,
• Remarriage or Cohabitation of the recipient spouse is living with (or remarries) another person, and the living arrangement alters the financial needs of the recipient. (Conn. Gen. Stat. Ann. § 46b-86).  A divorce order must specify that Alimony ends automatically upon remarriage to eliminate the need for a post judgement modification, otherwise a motion for post-judgment modification must be filed by the spouse-payee, heard, and a modified order entered by a family judge.

Non-Modifiable Alimony Exception

However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors.

The factors the court considers when awarding alimony are:

1. The length of the marriage;
2. The cause for the annulment, dissolution, or legal separation;
3. The parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs;
4. Any property division ordered by the court;
5. Each spouse’s need for support; and
6. In the case of minor children, the desirability and feasibility of the custodial parent securing employment (CGS § 46b-82(a)).

The court must specify the basis for any order of alimony that only terminates upon the death of either party or the remarriage of the alimony recipient.

Alimony is very broadly determined or ordered based on the length of a marriage.

That said, there are many factors a Connecticut Family Judge must consider in determining an award of Alimony and their Alimony Orders.  Connecticut Family Judges have broad discretion in their consideration of these factors.

That said, the shorter duration of a marriage, the less-likely there should be a presumption of alimony;

Typically, if the marriage lasted for two years or less then there will be a very short award of alimony, if any. Aside from this, the longer the marriage the longer the alimony payments can continue.

If spousal support is owed under a court order or an agreement, a failure to pay the support owing is a breach of that order or agreement, and, in the case of orders, it can be contempt of court as well.

Unpaid alimony is also known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony. Failure to pay court ordered Alimony may be met with a Motion for Enforcement or Contempt from your ex-spouse.  A person found guilty of contempt can be ordered to comply with the court orders, pay fines, face wage garnishment, or even receive jail time.

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Alimony is generally awarded in cases where the spouses have very unequal earning power and have been married a long time. For example, a judge is unlikely to award alimony if the couple has only been married for a year.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a Connecticut Court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Yes, Spousal Support can be modified as long as 1) the alimony award is not non-modifiable, or 2) your right to alimony was not waived by way of your divorce settlement. If the parties agreed that the alimony award would be non-modifiable, then neither spouse may seek a modification, regardless of the change in circumstances. If one, or both, parties waived their right to future spousal support obligations in their divorce decree, then no matter how dramatic a change in post-divorce circumstances they experience, that party cannot seek alimony in the future.

[NOTE: As a result, spouses’ separation agreements and judges’ decisions often contain a nominal alimony payment like $1.00 to preserve the right to modify alimony — By including $1.00 of alimony, the court is able to modify alimony if it becomes appropriate down the road after a finding of a substantial change of circumstances.]

However, assuming alimony was awarded in the divorce agreement, then spousal support (even permanent alimony) can be modified. Modification typically occurs when there is a substantial change in financial circumstances or by Agreement.

Substantial Change in Circumstances

Under Connecticut law, if one party shows that there has been a substantial change in the circumstances of the other party, the court, after a hearing, may continue, set aside, alter, or modify the alimony orders. The court must use the statutory factors outlined above to determine what modification, if any, is appropriate. Retroactive modification is prohibited, except for the period during which a motion to modify the order is pending from the date of service of the motion.

Cohabitation

If the alimony recipient cohabitates with another person and the court finds that the living arrangement alters the recipient’s financial needs, the court may, after a hearing, modify alimony payments (CGS § 46b-86(b)).

By Agreement

If the parties’ agree on the circumstances under which alimony may be modified, the court must enter and enforce orders that include the provisions of such agreement (CGS § 46b-86(b)).

Historically, alimony has always been a tax deduction for the paying spouse and reported as income to the recipient. However, on December 22, 2017, the President of the United States signed as part of the Tax Cuts and Jobs Act (TCJA) enacted by the United States Congress in 2017

The new tax law became effective on January 1, 2019, and for divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible or reportable income to the recipient

How you pay alimony to your spouse may also determine whether that obligation is modifiable. As discussed above, there are two ways in which alimony can be paid, periodic and lump-sum. A periodic payment is a scheduled payment of a court-specified amount to the other spouse. However, a lump-sum payment is a single grant of a court-determined amount. The award can be paid out all at once or in periodic installments.

Concerning the two disbursement methods, periodic alimony disbursements are modifiable, whereas lump-sum payments are not. The court’s rationale for the disparate treatment of the payment schemes involves the nature of the specific awards. Periodic alimony awards are treated simply as what they are, payments. Those payment amounts can be modified because they are calculated using the parties' present circumstances.

Lump-sum payments, however, are treated similarly to property division. Once the court has ordered the specific property division in the final decree, the court no longer has jurisdiction over the property. Each item has a particular value; once granted to one party or another, the issue is finally decided.

Similarly, a lump-sum grant has a specific value calculated and ordered at the final divorce decree. The court has previously held that, because lump-sum disbursements are like property division, the court also loses jurisdiction over the alimony grant, meaning that the court cannot modify the amount later. Even if the lump sum is paid in installments, the amount cannot be adjusted because it is treated like a single property award. Each disbursement method has advantages and disadvantages for each party. Needle | Cuda divorce and family law attorneys can help determine which disbursement method is best for you should the court award alimony.

Historically, alimony has always been a tax deduction for the paying spouse and reported as income to the recipient, however, the payor for divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible to the payor or reportable income to the recipient.

In Connecticut, either spouse can request alimony and must do so, formally, in the claims for relief within the divorce complaint or cross-complaint.

Before a court awards alimony, the judge must take into account the factors set forth in the alimony statute (Conn. Gen. Stat. §46b-81), which factors include but are not limited to: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the property division award, if any, which the court may make

Remarriage and Cohabitation and Alimony - In the event that a recipient ex-spouse Remarries or Cohabitates and that living arrangement alters the financial needs of the recipient ex-spouse, Conn. Gen. Stat. Ann. § 46b-86 allows for Alimony to be modified.

A Motion for Post-Judgement Modification will be need to be filed with the Family Court unless your divorce order explicitly specifies that your Alimony payment obligations automatically terminate upon the remarriage of your ex-spouse.

Otherwise, The Motion for Modification will need to be filed, heard and a Family Court judgment entered before your Alimony obligation is terminated or modified.  Unless and until this happens, Alimony remains a Court Order and you must continue to pay.

Do not stop paying your ordered Alimony or engage in self-help.  If unpaid spousal support is owed under a court order or an agreement, a failure to pay the support owing is a breach of that order or agreement, and, in the case of orders, you can be held in contempt of court as well.

Unpaid alimony is also known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony. Failure to pay court ordered Alimony may be met with a Motion for Enforcement or Contempt from your ex-spouse.  A person found guilty of contempt can be ordered to comply with the court orders, pay fines, face wage garnishment, or even receive jail time.

Non-Modifiable Alimony Exception - However, if the spouses agreed in writing (or the court ordered) that alimony was non-modifiable, then neither spouse could ask for any changes to the alimony award in the future.

Depending on the circumstances of the divorce proceedings, there are several types of alimony that you might receive, whether temporary or permanent. Specific kinds of alimony awards may be granted depending on the above factors and the case's particular circumstances.

Pendente Lite (Temporary) Alimony

Alimony pendente lite is intended as support while the divorce proceedings are pending to help a spouse involved in the case. Depending on the circumstances, divorce proceedings can be costly. In addition, the divorce process requires that each spouse present a separate claim for a final divorce decree. As a result, courts will sometimes order financial support to the lower-earning spouse to offset costs resulting from the separation and to effectively participate in the divorce action.

Rehabilitative (Time-Limited) Support

Rehabilitative support is granted to a lower-earning spouse who may not be able to support themselves following a divorce financially. Thus, they require additional financial assistance. An award of rehabilitative support allows the lower-income spouse the time and financial support necessary to become self-sustaining after the divorce through recurring payments from the other spouse until the court determines that the lower-earning spouse is capable of self-support. One of the most common examples of rehabilitative support involves paying for training or education for the other spouse so that they may improve their earning potential. Once the factors affecting the other spouse’s ability of self-support are remedied, rehabilitative support is discontinued. The court will determine when ending rehabilitative support is appropriate.

Permanent Alimony

Permanent alimony—sometimes called lifetime or indefinite alimony—is the permanent financial support of the other spouse resulting from some condition or factor which causes the other spouse to be unable to become self-supporting after the divorce. The most common reasons for permanent alimony awards are advanced age, disability, or other reasons that decrease the other spouse's earning capacity.

Permanent alimony awards have become rare, as courts have opted to grant only rehabilitative or alimony pendente lite to limit the duration of alimony disbursements. However, if one of the above factors, like age or disability, is present, the court may require the other spouse to provide permanent financial support. In most cases, permanent alimony must be paid until the payor dies or the alimony recipient dies. However, in some circumstances, the court will require the payor to obtain some financial instrument—like a life insurance policy—so that a payor may continue to pay support payments to their ex-spouse even after they die.

If the court determines that alimony is appropriate, that award may be dispersed via two different methods: periodic or lump sum. Each method provides court-ordered payments to the other spouse; however, there may be other potential consequences regarding modification of that order and taxation.

Lump-Sum Alimony

Lump-sum alimony is a single support award granted by the court. The award amount remains fixed and can be paid all at once or by installment. Neither party can modify lump-sum awards after they have been ordered unless fraud has occurred concerning that award; this also applies if the lump sum is paid in periodic installments rather than as one payment.

Periodic Alimony

On the other hand, periodic alimony is the payment of support at scheduled intervals in a predetermined amount. Periodic alimony is paid to continue support of the recipient spouse until such support is no longer necessary or permanently if the circumstances require it.

Depending on the case, the opposing spouse may waive alimony at the time of divorce. Alimony waivers mean that the waiving party is relinquishing their claim to any past or future support. If the parties do not request alimony at the time of the divorce decree, the court may not retroactively award alimony. In most cases, if the other party chooses not to accept alimony, separation agreements and judge’s orders will still require a nominal (small) amount of alimony to retain jurisdiction and allow for alimony modifications should they be necessary in the future.

Generally, you will not have to enforce alimony if the court has ordered it. However, it may happen that the party paying alimony does not comply with the court's order, pays an incorrect amount, or fails to pay the ordered support. When a party is not complying with a court order, the affected party may file a motion for contempt with the court.

A motion for contempt requests that the court finds that the spouse is not following the court’s order and is in contempt and seeks an order to comply with the court’s initial order. You must prove the following elements with clear and convincing evidence, meaning it is highly probable that:

• There is a clear and unambiguous court order
• The other party violated that order
• The party violated that order intentionally
• The relief you seek from the court upon a finding of contempt

The party found in contempt may be required to pay the other party's attorney’s fees and be jailed. If the contempt finding involves support orders, like alimony, wages may be garnished to ensure that support obligations are fully met.

To have jurisdiction over the divorce proceeding, one spouse must have resided in the state for at least a year before the divorce was filed or the decree entered. In some cases, a spouse may need to request alimony and the other spouse lives out of state, so a judge may make an order of notice if necessary. The court may then hear the alimony request if that spouse has received notice that the alimony request is pending. The court may continue to hear the case or order further notice to the out-of-state spouse. Courts can only exercise personal jurisdiction over nonresident spouses if the requesting spouse meets the above residence requirements and the nonresident spouse receives notice of the alimony request.

Age and the parties' health can substantially impact the award and duration of alimony. For example, if the divorcing spouses are advanced in age, their ability to care for themselves naturally diminishes. Additionally, more health issues surface with age, increasing the likelihood that support would be necessary.

A substantial change in circumstances occurs when some factor for either party has changed enough to warrant a modification to the support obligation you are already paying. The most common change in circumstances that leads to a modification of alimony are changes in income amounts. Modification may be appropriate where there is a substantial increase or decrease in how much income the spouse is making. For example, suppose the spouse receiving financial assistance receives a significant income increase. In that case, the support obligation you are making may be decreased to account for the additional income they now make. While a substantial increase in income may warrant a modification of the award, minor increases or decreases will not warrant a modification.

While remarriage results in the termination of alimony in many other states, it does not happen in Connecticut. Unless specified otherwise in the final divorce decree, you will be required to continue paying alimony to your spouse even after marriage. Alimony termination upon marriage may be achieved through mutual agreement between both spouses, with that agreement included in the divorce decree. Suppose your divorce decree did not allow for termination of alimony upon the receiving spouse’s remarriage. In that case, you may still be able to modify your support obligation if the marriage results in a substantial change in circumstances. Needle | Cuda divorce and family law attorneys can help determine your options and the best course of action.

Alimony modifications based on cohabitation are less straightforward than modifications for remarriage. As discussed above, alimony modifications for remarriage are generally only allowed if both parties have agreed that it can be modified, and that agreement is memorialized in the final divorce decree.

However, to bring a successful motion for modification due to cohabitation, you must prove that:

• Your former spouse is living with another person, and
• Living with that other person has altered your former spouse’s financial needs.

Both elements must be proven, and there must be a measurable effect on your spouse’s financial needs due to cohabitation.

Discovery is crucial to the alimony determination process; having a clear idea of your and your spouse's assets is vital. Your property and assets may influence whether or not the court orders support obligations. Discovery involves making evidentiary requests to your spouse, requiring them to provide information regarding their financial status and disposition of assets. The information obtained in discovery is crucial to alimony determinations and other issues like child custody, child support, property division, and more. Common requests include admissions, interrogatories, and document production.

Admissions are statements drafted by your attorney and sent to your spouse’s counsel. These are statements (not questions) to which your spouse may answer yes, no, or object to the question. Admissions allow certain matters to be resolved without court intervention.

Interrogatories are questions about the case provided to your spouse’s counsel to obtain information necessary to formulate your case. These questions require more than standard form answers; if there are sufficient grounds, they can be answered with an objection to the content of the question.

Document production requests are requests for documents that may be related to the case, such as financial statements from your spouse. Subpoenas are requests of non-parties (like a bank or other financial institution) that may have information or evidence necessary to your case. Your spouse will also provide these same kinds of requests to you and your counsel.

In high-net-worth divorces, it is even more critical to have a divorce lawyer assist you with the discovery process. Discovery is essential in all cases, as the information you receive and provide could dramatically affect the success of your case. Assistance in high-net-worth cases is more crucial because these cases tend to be more complex, with much more at stake. Needle | Cuda divorce and family law attorneys can help ensure that you are protected throughout the discovery process and obtain the information you need to formulate a compelling case.