Alimony (Spousal Support/Maintenance) Flashcards
What is alimony?
money paid to economically dependent spouse
When may alimony be married?
1) while still married
2) during divorce proceedings
3) as part of divorce decree
4 types of alimony?
1) permanent periodic spousal support
2) lump sum
3) rehabilitative spousal support
4) reimbursement spousal support
Can more than 1 type of alimony be awarded?
Yes
Purpose of PPSS?
support spouse who has neither resources nor ability to be self-sustaining
Purpose of Lump Sum?
support spouse who has neither resources nor ability to be self-sustaining
Purpose of Rehab. SS?
enable spouse to gain skills to become self-sufficient
Purpose of Reimburs. SS?
reimburse spouse for contributing to other’s education/training
Duration of each type of alimony?
Indefinite: PPSS
Limited period: other 3
Modification available?
Yes: PPSS, Rehab. SS
No: LS, Reimburs. SS
Payable how?
periodic: PPSS, Rehab. SS
periodic or lump sum: LS, Reim. SS
8 factors to be considered for alimony award?
1) living standard during marriage
2) duration of mariage
3) age & emotional/physical state
4) financial resources
5) each party’s contribution to M
6) time needed for party seeking support to obtain necessary training for employment
7) payor spouse’s ability to meet needs
8) marital fault
2 broad alimony award considerations?
1) needs of claimant
2) ability of other spouse to pay
How can alimony be modified?
Must be periodic spousal support (PPSS or Rehab. SS) may be modified when a substantial change in circumstances
What events are considered substantial changes in circumstance?
unanticipated legal obligations to new spouse or child
