Alimony

Question 1

What is Alimony?

Answer 1

Alimony (also known as spousal support or maintenance) is paid to an economically dependent spouse.

Question 2

What are the 4 Main Types of Alimony?

Answer 2

1. Permanent Alimony: Paid regularly for the lifetime of the recipient
2. Rehabilitative Alimony: Paid regularly for a limited period of time
3. Lump Sum Alimony: Payable all at once OR in a series of payments
4. Reimbursement Alimony: Payable all at once OR in a series of payments

Question 3

What are the Rules for Modifiability for the 4 Main Types of Alimony?

Answer 3

1. Permanent Alimony: Modifiable upon substantial change in circumstances
2. Rehabilitative Alimony: Modifiable upon substantial change in circumstance
3. Lump Sum Alimony: Nonmodifiable
4. Reimbursement Alimony: Nonmodifiable

Question 4

What are the Rules for Termination for the 4 Main Types of Alimony?

Answer 4

1. Permanent Alimony: Terminates upon the death of either spouse or the remarriage of the recipient spouse
2. Rehabilitative Alimony: Terminates upon the death of either spouse or the remarriage of the recipient spouse
3. Lump Sum Alimony: Survives the death of either spouse
4. Reimbursement Alimony: Survives the death of either spouse

Question 5

What Factors are Considered When Awarding Alimony?

Answer 5

The court has great discretion in awarding as much spousal support as necessary for the maintenance of the requesting spouse. Factors considered include:

• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of the parties
• The financial resources of the parties
• The contribution of each party to the marriage
• The time needed for the party seeking support to obtain the training necessary to find appropriate employment
• The ability of the payor spouse to meet their needs while paying spousal support
• Marital fault (considered in most states for alimony but generally not considered for property division)