5. Spousal Support/Alimony (UIFSA)

Question 1

When may alimony be granted?

Answer 1

During divorce proceeding

As part of divorce decree

During marriage (if annulled/divorced)
- Otherwise courts disinclined to interfere with spouses' affairs

Question 2

What factors may determine amount of alimony?

Answer 2

Duration/Standard of marriage

Age/Conditions

Financial resources

Contributions

Time for necessary training

Payor’s ability to meet recipient’s needs

Marital fault

Question 3

Why do courts have wide discretion to determine alimony?

Answer 3

Ensure adequate income stream to recipient economically dependent on marriage

Question 4

Can alimony be waived?

Answer 4

No

• Contrary to public policy
• Not leave spouse dependent on state

Question 5

What type of spousal support is available?

Answer 5

Permanent periodic spousal support

• Regular + permanent
• For spouse with no self-sustaining resources at all

Rehabilitative spousal support

• Regular + temporary
• For spouse with no self-supporting skill/education until sufficient

Reimbursement spousal support

• Fixed
• For spouse’s compensation for licence/degree

Lump sum payment

• Fixed
• Single/Instalments

Question 6

How may alimony be modified?

Answer 6

Unanticipated + substantial change in circumstances

• Recipient’s needs
• Payor’s ability to pay
• Legal obligation to new spouse

NOT stepchildren
NOT intent to remarry
NOT self-induced reduction to income

Question 7

How may alimony be terminated?

Answer 7

Spouse’s death

Recipient’s marriage

Recipient’s cohabitating relationship

Question 8

How may alimony be enforced by law?

Answer 8

Uniform Intestate Family Support Act (UIFSA)

Income withholding order

• Mail to payor’s out-of-state employer
• Mail to payor’s out-of-state support enforcement agency

Registration support order

1) Mail order to payor’s state
2) Payor’s state files order as foreign judgment
3) Subject to enforcement proceedings

Question 9

How may alimony be enforced by sanctions?

Answer 9

Hold non-payer in court contempt

File judgment against non-payer

Seize real property

Wages attachment/withholding

Attorneys’ fees

Intercept tax returns

Not renew driver’s licence

Question 10

Which states may modify alimony awards?

Answer 10

Uniform Intestate Family Support Act (UIFSA)

Issuing state
- Generally has continuing + exclusive jurisdiction

Sister state

• Child + Parents no longer reside in issuing state
• ALL parties consent to sister state’s modification