Alimony Flashcards
list (4)
types of alimony
- permanent periodic spousal suport
- lump sum
- rehabilitative spousal support
- reimbursement spousal support
permanent periodic spousal suport
paid regularly to support spouse who does not have resources to support self or ability to be self-sustaining
duration: indefinit
modification: inc, dec, term
lump sum
fixed amount payable at once or in installments
duration: specified time period
modification: none; treated like a K
rehabilitative spousal support
periodic payments for a period of time to help spouse gain skills to become self-sustaining
duration: specified time period
modification: inc, dec, term
reimbursement spousal support
occasionally awarded to spouse which supported other spouse to get a degree. FIXED SUM
duration: specified time period
modification: none; treat like K
list (2)
what considerations for awarding alimony
- needs of recipient spouse
- ability of other spouse to pay
what spousal support can be modified
ONLY PERIODIC SPOUSAL SUPPORT
and modified if there is a substantial change in circumstances
self-induced reduction by receiving spouse is not a substantial change
termination of support
periodic ends upon remarriage of recipient spouse or death of either spouse
most jx will also terminate if recipient spouse starts to cohabitated with someone in a marriage-like relationship
list (2)
which alimony survives death of spouse
- lump sum
- reimbursement support
is spousal support taxable
- pre-2019: yes, so any divorce or separation agreements executed before 2019 that have not been modified are taxable
- post-2019: no, not taxable