Alimony* is court-ordered support paid by one spouse to the other for a given period if they require financial support after divorce.
*Alimony does not exist in Japan. If the term “alimony” is used in a Japanese context, it usually refers to child support, whilst in the U.S. the word is strictly defined as spousal support.
Either or both parties may ask for alimony as part of a divorce proceeding. If there is no mention of alimony in the divorce settlement, it is possible to appeal after the divorce is finalized.
The amount of alimony is decided by the court after taking into the following factors:
• The length of the marriage
• The parties’ age
• The parties’ health
• Both parties’ income, employment, and employability (including whether they could be employable with reasonable effort and training)
• Both parties’ economic and non-economic contribution in the couples’ marriage
• The parties’ way of life during the marriage
• Lost economic opportunity from marriage (e.g. one spouse became a stay-at-home parent)
• Other factors the court thinks is relevant
The four types of alimony
1. General term alimony: Support paid regularly to an ex-spouse whom they were financially being depended on
2. Rehabilitative alimony: Support paid regularly to an ex-spouse until they are able to become financially independent
3. Reimbursement alimony: Support paid regularly or one time to an ex-spouse to make up for costs they paid for the other spouse to complete an education or job training. Limited to marriages of no more than 5 years.
4. Transitional alimony: Support paid regularly or one time to an ex-spouse to help them settle into a new lifestyle or location after divorce. Limited to marriages of no more than 5 years.
The period of general alimony awarded is usually decided based on the length of marriage:
• No more than 5 years: up to 50% of the number of months married
• No more than 10 years: up to 60% of the number of months married
• No more than 15 years: up to 70% of the number of months married
• No more than 20 years: up to 80% of the number of months married
• More than 20 years: no limit (up to the judge)
The amount of alimony awarded is either the amount the receiving spouse will need, or no more than 30 – 35% of the difference between the couples’ total income, at the time the order is given.
Alimony payment lasts until:
• The death of either spouse
• The remarriage of the receiving spouse
• If the receiving spouse has lived with a new partner for three months or more, alimony may be reduced or stopped completely
• When the spouse paying the alimony reaches full retirement age (unless ordered otherwise by the judge)
The judge may modify an alimony award if there has been a major change in circumstances and it is reasonable for the length of alimony to be extended for longer. You may file a motion regarding payment length or amount after the divorce.