Alimony

Question 1

What is alimony based upon and who gets it?

Answer 1

Based on need rather than fault, and any spouse can receive (not just wife–outdated to say homemaker so she deserves)

Question 2

What are the types of alimony?

Answer 2

• Can be lump sum or periodic (more common)
• Available in divorce a Mensa et Thoro and Divorce a Vinculo Matrimonii
• Void marriage is an absolute bar

Question 3

What role does fault play in the award of alimony?

Answer 3

Can be considered amongst other factors, but not dispositive
* Exception is that adultery is an absolute bar to alimony unless denial would result in a “manifest injustice”

TESTED

Question 4

What is a key distinction between alimony and property division awards?

Answer 4

Alimony awards can be modified

Question 5

What is the standard to determine modification of alimony?

Answer 5

Change in circumstnaces (e.g., payor’s ability to pay or recipient’s needs or retirement age)
* Discretionary within the court
* Modification is prospective and past-due payments (“arrears”) cannot be modified

Question 6

When does alimony terminate automatically?

Answer 6

Death of either party or remarriage of recipient
* If recipient enters into a new romantic relationship and is living with new partner but not married, no automatic termination, but if donig so for over a year, court may terminate