Alimony Flashcards
theory of alimony
rests on two connected ideas:
reciprocal duty of spousal support
when duty of spousal support ends when the marraige ends, soemtimes, it may be unjust to abruptly deprive an economically dependent spouse of that support
alimony based on need rather than fault
types of alimony
lump sum v. periodic payments
(lump sum if dude is about to die type ting and you are young)
periodic payments can be indefinite in duration or the court can set a time limit
factors when granting alimony
required to consider all of the listed factors
age and physical and mental condition of parties
education and training of the parties and their ability and opportunity to obtain education and training
the eraning capacity, obligations, needs and financial resources
the contribution each party made to the family (stay at home wife v. working husband)
the property interests of the parties
the provisions made regarding the marital property equitable distribution
the tax consequences
the standard of living
duration
other factors
does adultery bar alimony?
Yes, unless manifest injustice
modification of alimony
modified upon showing of change in circumstances
payors ability to pay (being laid off, unable to find work, being injured on job) or recipients need (unable to earn income)
retirement=material change
only periodic alimony can be modified
modification is prospective, past awards can the modified
voluntarily change in circumstances does not constitute a bona fide change of circumstances-cant use this for basis
failure to request alimony at time of divorce
if a party fails to request spousal support at the time of bilateral divorce and does not reserve the right to request it, they may be forever barred from doing so
termination of alimony
terminates automatically upon the death of either party or the remarriage of the recipient
enforcement of alimony awards
there are multiple remedies available if the spouse who is supposed to pay alimony to do so.
