Alimony

Question 1

Permanent Periodic Spousal Support

Answer 1

Permanent periodic spousal support is paid regularly (for example, monthly) to support a spouse who has neither the resources nor the ability to be self-sustaining.
* Example: Periodic alimony of $2,000 per month to one former spouse until death or remarriage.
* Duration: Indefinite.
* Modification: Can be increased, decreased, or terminated upon proof of substantial change of circumstance

Question 2

Lump Sum

Answer 2

A lump sum payment is a fixed amount payable either all at once or via a series of payments. This is often the present value of permanent periodic support.
* Example: 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 3

Rehabilitative Spousal Support

Answer 3

Rehabilitative spousal support consists of periodic payments for a limited time to enable a spouse to gain skills to become self-supporting. It can be ordered along with permanent periodic or lump sum alimony.
* Example: 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 4

Reimbursement Spousal Support

Answer 4

Reimbursement spousal support is occasionally awarded to a spouse who supported the other spouse while the latter obtained a professional
license or degree. It can be ordered along with permanent periodic or lump sum alimony.
* Example: 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 period of time; 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 5

FACTORS TO BE CONSIDERED WHEN AWARDING ALIMONY

Answer 5

The court has great discretion in awarding as much spousal support as necessary for the maintenance of the requesting spouse. Factors considered include:
*The standard of living established during the marriage
*The duration of the marriage
*The age and physical and emotional condition of the parties
*The financial resources of the parties
*The contribution of each party to the marriage
* The time needed for the party seeking support to obtain the training necessary to find appropriate employment
* The ability of the payor spouse to meet their needs while paying spousal support
* Marital fault (considered in most states for alimony but generally not considered for property division)

Question 6

Modification

Answer 6

Only periodic spousal support (that is, permanent or rehabilitative alimony) may be modified. Periodic spousal support may be modified if there is a substantial change in circumstances regarding the
needs of the recipient spouse or the ability of the payor spouse to pay. Legal obligations to a new spouse or children (but not stepchildren)
may be a sufficient change in circumstances

Question 7

TERMINATION OF SPOUSAL SUPPORT

Answer 7

Periodic spousal support terminates upon the remarriage of the recipient spouse or the death of either spouse. Most jurisdictions would also terminate spousal support if the recipient spouse begins cohabiting with someone in a marriage-like relationship.