alimony Flashcards
theory of alimony
(1) reciprocal duty of spousal support
(2) it may be unjust to deprive an economically dependent spouse of support
trend regarding alimony
court less likely to grant alimony and tends to make awards that are more limited in terms of both amount and duration
types of alimony
lump sum alimony = all at once
periodic payments = periodic
pendente lite = alimony during pendency of litigation
when is alimony available
available in both types of divorce but not when marriage is void
factors to consider when granting alimony
(1) adultery is absolute bar to alimony, unless denial would result in manifest injustice
(2) fault such as cruelty or desertion [not absolute bars]
(3) age
(4) tax consequences
(5) standard of living during marriage
(6) duration of the marriage
(7) division of marital property
(8) age and physical and mental conditions
(9) education and training
(1) earning capacity, obligations, needs, financial resources
(11) property interests
(12) contributions
modification of alimony
STANDARD
– show change of circumstances
[discretionarY = consider payor’s ability to pay, recipient’s needs, etc.]
– example : retirement is a material change in circumstances
– payor’s voluntary reduction of income does not constitute change of circumstances
WHAT CAN BE MODIFIED
– only prospective periodic payments can be modified
— past due awards cannot be modified [arrears]
BAR TO ALIMONY [besides adultery]
– failing to request spousal support at the time of bilateral divorce without reserving right to request it
[compare: child support may be requested any time]
termination of alimony
terminate automatically upon
(a) the death of either party
or
(b) the remarriage of the recipient
court MAY terminate:
romantic cohabitation for 1 year with new partner of recipient
enforcement of alimony
- wage reduction
- asset seizure [bank account, personal property, etc.]
- contempt
