Family Law Advisor®
  FAQ's

1. What is alimony?

Support payments from one spouse or former spouse to the other.

2. How is the amount calculated?

Judges look at certain factors set by the City Council in D.C., for example, ability to become self supporting, standard of living during the marriage, length of the marriage, circumstances contributing to the estrangement of the parties, age and health of the parties, etc.

3. Where can I find a list of these factors?

D.C. Code, Section 16-913 found within this site.

4. What is the difference between alimony and child support?

Alimony is for spousal support. Child support is for the support of minor children. Alimony is taxable to the recipient, child support is not.

5. Can alimony be paid in addition to child support?

   Yes.

6. Are there any guidelines like judges use in child support cases?

   No.

7. How long does alimony last?

   D.C. has recently joined the 50 other jurisdictions in permitting the court to award rehabilitative alimony, or alimony for a certain time period. In addition, the court may award indefinite alimony.

8. What is indefinite alimony?

   Alimony that lasts until the death of the husband or death of the wife. Alimony does not automatically terminate on remarriage in D.C.

9. Under what circumstances would a court award indefinite alimony?

   It is up to the judge to determine the amount and time period of alimony appropriate to the facts, but it is often awarded in cases of "long-term" marriage or when the incomes of the parties are greatly different.

10. What do you mean "long-term."

    Zero to ten years in short-term, ten to twenty years is medium term, over twenty years is long-term.

11. What about men? Can they seek alimony?

    Yes, the statute is gender neutral.

12. What are the odds of a man getting alimony?

    Alimony is rarely awarded to men in D.C.

13. But I thought you said the statute was gender neutral.

    Like all areas of law, local custom and practice dictate actual results. In rare cases, where the woman is extremely wealthy and the man is not, you might see alimony awarded to the man.

14. My original divorce judge did not provide for alimony. Now I really need it. What can I do?

    If alimony is not awarded at the time of divorce, the court will not award it later.

15. My "ex" threatens to file for bankruptcy. What happens to my alimony payments if he does?

    Your "ex" still owes alimony which is not dischargeable in bankruptcy.

16. What if my "ex" is behind in alimony payments. What do I do?

    File a motion to show cause why he should not be held in contempt of court, and ask for an earnings withholding order.

17. That sounds complicated, and I can't afford a lawyer. Will the state agency collect my back alimony?

    Not in the District of Columbia, so file your motion to show cause. If you have a lawyer, the court can award attorneys fees.

NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

-- Thyden, Gross & Callahan