Alimony Flashcards
Is alimony generally based on need or fault?
Need
How can alimony be paid?
Lump sum or periodic payments
Are lump sum alimony payments common?
No but they can be warranted if one party is of advanced age.
How long do periodic payments of alimony last?
Can be indefinite or in a time set by the court
Is alimony available in both types of divorce?
Yes. A divorce can even be denied but alimony support order affirmed.
Can a party to a void marriage collect alimony?
Hell no.
What is alimony pendente lite?
Alimony during the pendency of litigation
What are factors the VA statute require to be considered when granting alimony?
Age and condition
Education and training
Earning capacity, obligations, needs
Contributions each made to family
Property interests of parties
Results of equitable division
Taxes
Standard of living party used to
Duration of the marriage
Other relevant factors
Can an adulterer collect alimony?
No - unless denial would cause a “manifest injustice”
Can alimony award be modified?
Yes with a change in circumstances. Based on payors ability to pay or need of the recipient
Retirement is a change in circumstances in VA
What is effect on alimony if payor voluntarily reduces income?
NOT a change in circumstances
What if a party fails to request alimony at the time of the divorce?
Might be forever barred.
When does alimony terminate?
Upon death or remarriage of the party
What are remedies for non payment of alimony?
Wage reduction - send court order to their employer to forward money to recipient
Asset seizure - bank account, real or personal property
Contempt order - send to jail
