Alimony

Question 1

Types of Alimony

Answer 1

Include:

• periodic alimony
• lump sum alimony
• rehabilitative alimony

Question 2

Periodic Alimony

Answer 2

A periodic alimony order requires a certain amount of money to be paid at set intervals, usually monthly. The obligation will generally continue until the recipient dies, remarries, or the court modifies the order.

Question 3

Lump Sum Alimony

Answer 3

Is for a fixed amount, rather than a periodic obligation with no aggregate limitations (not modifiable)

Question 4

Rehabilitative Alimony

Answer 4

Is awarded to a spouse for a limited period of time, until the recipient spouse can become a self-supporting by entering the work force.

Question 5

Grounds for Alimony

Answer 5

Usually economic need and in some circumstances (may be used to achieve fairness).

Question 6

Uniform Marriage and Divorce Act (UMDA)

Answer 6

Claims that an alimony order may be made only if the court finds that the spouse who is seeking alimony lacks sufficient property to provide for their reasonable needs and

• is unable to support themselves through appropriate employment; or
• is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home

Question 7

Important Factors for Determining Alimony

Answer 7

Include:

• the parties’ respective financial resources and needs;
• the contributions each has made to the marital relationship, whether financially or by providing care within the home; and
• the duration of the marriage

Question 8

Modern Trend for Alimony Payments

Answer 8

Is to limit alimony grants to encourage spouses to become self-supporting in a reasonable time period.

Question 9

Modification of Alimony

Answer 9

• Under the UMDA, modification is allowed only upon a showing of substantial and continuing change in circumstances which make the prior order “unconscionable”
• Most states are less stringent and only place a heavy burden on the party requesting the modification such as requiring a “substantial change in circumstances that rendered the original award unreasonable and unfair.

Question 10

Termination of Alimony

Answer 10

Spousal maintenance generally terminates:

• after a specified term
• on death of either spouse; or
• automatically on remarriage or cohabitation