When a former spouse pays their ex-partner any form of post-divorce payment, this is known as alimony or spousal maintenance. Most courts recognize two types of alimony, which include payments ordered by a court and contractual alimony, which is an agreement drafted by the two parties before the divorce proceedings. Contractual alimony is a post-divorce monthly payment agreement between spouses that does not have any limits on duration and amount or eligibility requirements. However, in order to qualify for spousal maintenance, a person must fit certain criteria.
Factors that a court could consider include whether spouses are able to provide for themselves due to a disability, whether they are caring for a disabled child from the marriage, the other spouse's ability to pay and the financial needs of both parties. In addition, the marriage in question may be required to have lasted at least ten years in order for one party to collect the payments.