Alimony

Question 1

Types of alimony

Answer 1

(1) periodic alimony
(2) lump sum
(3) rehabilitative

Question 2

Periodic alimony

Answer 2

Periodic= a certain amount of money paid at set intervals, usually monthly

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

Question 3

Lump sum alimony

Answer 3

Lump Sum= a fixed amount (not a periodic obligation) with no aggregate limitations
* Cannot be modified

Question 4

Rehabilitative alimony

Answer 4

Rehabilitative = awarded for a limited period of time, until the recipient spouse can become self-supporting by entering the work force

Question 5

Grounds for alimony

Answer 5

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

(1) Lacks sufficient property to provide for his/her reasonable needs, and

(2) Either:
▪ Is 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 6

Alimony factors

Answer 6

● The parties’ respective financial resources and needs,
● The contributions each has made to the marital relationship (whether financially
or by providing care within the home), and
● The duration of the marriage

Question 7

Modification of alimony

Answer 7

Most jurisdictions are not as stringent as the UMDA, but may place a heavy burden on the party requesting the modification, such as requiring a “substantial change in circumstances that rendered the original award unreasonable and unfair”

Question 8

Terminating alimony

Answer 8

Generally, spousal maintenance terminates:
● After a specified term,
● On the death of either spouse, or
● Automatically on remarriage or cohabitation