Alimony Flashcards
Alimony
“Spousal support” in other states.
Monetary obligation to provide spouse with support.
Awarded if recipient can’t provide for own needs.
Can’t be discharged in bankruptcy.
Can be waived.
Factors in determining whether to award alimony
- Financial resources
- Standard of living during marriage
- Duration of marriage
- short term: less than 7 years
- moderate term: 7-17 years
- long term: 17 years or more - Age and health of parties
- Earning capacity, education, vocational skills, employability
- Time to acquire employment training or education
- Contributions to the marriage: enhancing career, homemaking, child care
- Responsibilities to minor children
- Tax consequences
- Marital misconduct if such conduct resulted in dissipation of marital assets
- All sources of income available to either party
- Imputation of income (when spouse voluntarily unemployed or underemployed)
- Any other factor necessary to do equity & justice
Types of alimony
5 types of alimony
- Bridge the gap alimony
- Rehabilitative alimony
- Permanent alimony
- Durational alimony
- Pendente Lite alimony (temporary)
bridge the gap alimony
Only for 2 years.
To transition from being married to single.
For specific short term need.
CANNOT be modified
Terminated upon death of either party or remarriage of the party receiving alimony.
Rehabilitative alimony
Only for a limited time.
To help a spouse become self-supporting with new education, training, or employment, to improve earning capacity of the dependent spouse.
Specific defined rehabilitative plan is required.
CAN be modified or terminated upon a substantial change in circumstances, noncompliance, or completion.
Remarriage doesn’t necessarily terminate rehabilitative alimony, but it’s a factor.
Permanent alimony
For the remainder of dependent spouse’s life.
To provide for the needs & life necessities of the dependent spouse.
Length of marriage is a factor.
- short term, only for exceptional circumstances.
- moderate term, only if appropriate.
- long term, typically awarded.
Court MUST find no other form of alimony is fair and reaosnable.
Termination upon death of either party or remarriage of the receiving party.
Modification upon a substantial change in circumstances or marriage equivalent relationship.
Durational alimony
Typically awarded when marriage was short or of moderate term.
Only for a short period of time and can’t be longer than the length of the marriage,
To provide economic assistance for a set period.
Only awarded if non of the other forms of alimony are suitable.
Terminates upon death of either party or remarriage of receiving party.
Amount MAY be modified upon substantial change in circumstances.
Length may not be modified absent exceptional circumstances,
Pendente lite alimony (temporary)
available from separation to divorce.
To put parties on equal footing during the proceedings.
Can be vacated, modified, or set aside for good cause.
Retroactive modifications are permissible.
Cannot be contracted away.
Alimony during marriage
permitted if a spouse who can contribute to maintenance of other spouse or minor child but fails to do so.
modification of support
either party may file petition in circuit ct w/ stated grounds.
If circuit ct isn’t the issuing ct, then service of process, PJ, and notice of the hearing must be established.
Grounds for modification:
- substantial change in circumstances
- death of either spouse
- remarriage of recipient spouse
- cohabitation
- retirement
- supportive relationship
- willful or voluntary reduction of income
Substantial change in circumstances
burden of proof is on the moving party
change must not have been contemplated at time the alimony was awarded.
change must be sufficient, material, involuntary, and permanent in nature.
death of either spouse
terminates support
remarriage of recipient spouse
support may be terminated
not automative for rehabilitative alimony.
cohabitation
factors ct considers:
- how long is the cohabitation?
- do they hold themselves out as a married couple?
- is there joint contribution to property?
- do they both support the other’s children?
- do they support each other financially or provide services?
- cohabitation doesn’t terminate temporary alimony.
Retirement
depends on age, health, and reason for retirement.
