Alimony

Question 1

4 types of alimony

Answer 1

1. Permanent Periodic Spousal Support
2. Lump Sum
3. Rehabilitative Spousal Support
4. Reimbursement Spousal Support

Question 2

What is Permanent Periodic Spousal Support?

Answer 2

Paid regularly (ex: monthly) to support a spouse who has neither the resources nor the ability to be self-sustaining.

Ex: : periodic alimony of $2,000 per month to one former spouse until death or remarriage.

Duration = indefinite

Modifications = can be increased, decreased, or terminated upon proof of substantial change of circumstances

Question 3

What is Lump Sum?

Answer 3

Fixed amount payable either all at once or via a series of payments. This is often the present value of permanent periodic support.

Ex: the sum of $36,000 paid at a rate of $1,000 per month for 36 months.

Duration = for specified time period; can be payable in installments or in a lump sum.

Modification = NONE. This is treated like a contract right and is binding on payor’s estate.

Question 4

What is Rehabilitative Spousal Support?

Answer 4

Periodic payments for limited time to enable a spouse to gain skills to become self-supporting. It can be ordered along w permanent periodic or lump sum alimony.

Ex: rehabilitative alimony to one former spouse of $1,000 per month for 36 months to gain education or skills.

Duration = for specified time period, unless modified by court.

Modification = can be increased, decreased, or terminated upon proof of substantial change of circumstances.

Question 5

What is Reimbursement Spousal Support?

Answer 5

Occasionally awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree. It can be ordered along w permanent periodic or lump sum alimony.

Ex: the sum of $20,000 as repayment for the supporting spouse’s contribution to the increased education provided to the other spouse.

Duration = for specified time period, can be payable in installments or in a lump sum.

Modification = NONE. It is treated as a contract right and can be awarded even if the supporting spouse is not otherwise eligible for spousal support.

Note: This is a fixed sum award based on the amount of the supporting spouse’s contribution, not the value of the professional license or degree.

Question 6

Factors the court considers when awarding alimony:

Answer 6

Primarily: the needs of the claimant spouse and the ability of the other spouse to pay.

1. Standard of living established during marriage
2. Duration of the marriage
3. Age and physical and emotional condition of the parties
4. Financial resources of each party
5. Contribution of each party during the marriage
6. Time needed to obtain education or training to enable the party to obtain employment
7. Ability of payor spouse to meet own needs
8. Marital fault