Alimony Flashcards

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1
Q

list (4)

types of alimony

A
  1. permanent periodic spousal suport
  2. lump sum
  3. rehabilitative spousal support
  4. reimbursement spousal support
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2
Q

permanent periodic spousal suport

A

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

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3
Q

lump sum

A

fixed amount payable at once or in installments

duration: specified time period

modification: none; treated like a K

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4
Q

rehabilitative spousal support

A

periodic payments for a period of time to help spouse gain skills to become self-sustaining

duration: specified time period

modification: inc, dec, term

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5
Q

reimbursement spousal support

A

occasionally awarded to spouse which supported other spouse to get a degree. FIXED SUM

duration: specified time period

modification: none; treat like K

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6
Q

list (2)

what considerations for awarding alimony

A
  1. needs of recipient spouse
  2. ability of other spouse to pay
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7
Q

what spousal support can be modified

A

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

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8
Q

termination of support

A

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

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9
Q

list (2)

which alimony survives death of spouse

A
  1. lump sum
  2. reimbursement support
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10
Q

is spousal support taxable

A
  • pre-2019: yes, so any divorce or separation agreements executed before 2019 that have not been modified are taxable
  • post-2019: no, not taxable
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