Alimony Flashcards
What are the types of alimony?
Permanent, temporary, or granted in lump sum.
What are the factors looked at to determine alimony?
Financial resources and needs, marital contributions, and marital duration. Some states also look at spousal misconduct, one spouse’s support for the other’s education or training.
What type of discretion does the court have in determining alimony?
Substantial discretion.
What is permanent periodic spousal support?
Support that is paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining.
What is the duration of permanent periodic spousal support?
Indefinite
When can permanent periodic spousal support be modified?
Can be increased, decreased, or terminated upon proof of substantial change of circumstances.
What is lump sum alimony?
A fixed amount payable either all at once or via a series of payments.
What is the duration of lump sum alimony?
For a specified time period, can be payable in installments or lump sum.
What is the modification rules under lump sum alimony?
None. This is treated like a contract right and is binding on payor’s estate.
What is rehabilitative spousal support?
Periodic payments for a limited time to enable a spouse to gain skills to become self supporting.
What other alimony types can rehabilitative spousal support be awarded with?
Permanent periodic or lump sum alimony.
What is the duration of rehabilitative spousal support?
For a specified time period, unless modified by the court.
What is the modification rule under the rehabilitative spousal support?
Can be increased, decreased, or terminated upon proof of substantial change of circumstances.
What is reimbursement spousal support?
Occasionally awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree.
What is the duration of reimbursement spousal support?
For a specified period of time; can be payable in installments of in a lump sum.