"Alimony" means payments for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the "supporting spouse" to the "dependent spouse". The general rule is that a spouse is dependent when he or she makes less money than the other spouse. Technically, a dependent spouse is a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.

Alimony is paid by a supporting spouse to a dependent spouse when the court deems it necessary after considering the fifteen statutory factors.

The factors that are considered by the court are as follows:

Marital Misconduct of the parties is defined as:

Generally, attorneys' fees are available to a dependent spouse when that spouse is eligible to receive alimony. The amount of alimony varies widely. Alimony is to be paid in such amount as the circumstances render necessary, having due regard to the factors set out above. When the dependent spouse has committed acts of illicit sexual behavior, the supporting spouse is not required to pay any alimony at all. If however, the supporting spouse has also committed acts of illicit sexual behavior then the court is permitted to award alimony. If only the supporting spouse has committed such acts then the court must award alimony. You and your spouse may decide that one of you is entitled to receive alimony payments and may do so without going to court. If you are unable to agree on the matter, then you can submit the issue to the court for a decision. It is important to remember that regardless of whether alimony is arranged by agreement or ordered by a court, it is taxable to the recipient spouse and tax deductible to the payor spouse.