Alimony

Question 1

What types of alimony are available?

Answer 1

1. periodic
2. lump sum
3. rehabilitative

Question 2

What is periodic alimony?

Answer 2

A certain amount of money paid at set intervals, usually monthly

Question 3

How long does alimony continue under periodic alimony?

Answer 3

Obligation generally continues until the recipient dies, remarries, or a court modifies the order

Question 4

What is lump sum alimony?

Answer 4

A fixed amount with no aggregate limitations

Question 5

Can lump sum alimony be modified?

Answer 5

No

Question 6

What is rehabilitative alimony?

Answer 6

Alimony that’s awarded for a limited period of time until the recipient spouse can become self-supporting by entering the work force

Question 7

What are grounds for awarding alimony under UMDA

Answer 7

Under UMDA an alimony order may only be made if the court finds that the spouse who is seeking alimony:

1. lacks sufficient property to provide for his/her reasonable needs
2. is either unable to support themselves through appropriate employment OR is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home

Question 8

What are factors used to consider whether alimony is appropriate?

Answer 8

1. parties’ respective financial resources and needs
2. the contributions each party has made to the marital relationship, whether financially or by providing care within the home
3. the duration of the marriage

Question 9

What are requirements for modifying an alimony award?

Answer 9

Most courts place a heavy burden on the party requesting modification and require a substantial change in circumstances that render the original award unreasonable and unfair

Question 10

When does spousal support terminate?

Answer 10

Generally spousal maintenance terminates:
1. after a specified term
2. on the death of either spouse
3. automatically on remarriage or cohabitation