Alimony/Spousal Maintenance

Question 1

What types of alimony/spousal maintenance are there?

Answer 1

Periodic - A certain amount of money paid at set intervals, usually monthly. Obligation generally continues until recipient dies, remarries, or court modifies order.

Lump sum - A fixed amount (not a periodic obligation). Cannot be modified.

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

Question 2

What are potential grounds for alimony?

Answer 2

Under the UMDA, alimony can be made only if the spouse seeking alimony:

+ Lacks sufficient property to provide for his/her reasonable means, AND

+ Either:

• • Is unable to support himself through employment, OR
• • The spouse is unable to work due to taking care of a child with special needs.

Question 3

What are the factors when determining alimony?

Answer 3

+ Parties’ respective financial resources and needs

+ Contributions each has made to the marital relationship (financially or by providing care within the home), AND

+ Length of marriage

Question 4

Modification of alimony

Answer 4

Most jurisdictions place a heavy burden on the party requesting the change and require a substantial change in circumstances that rendered the original award unreasonable and unfair.

Question 5

Termination of alimony

Answer 5

Generally alimony terminates:

+ After a specified period of time

+ On the death of either spouse

OR

+ Automatically on remarriage or cohabitation.