Financial Support of Spouses Flashcards
When is spousal support awarded in a divorce?
A. Whenever a spouse requests support be provided
B. Whenever a spouse has been wronged by the other, such as by infidelity
C. Whenever a spouse cannot provide for his/her own needs with employment
D. Whenever the spouses have been in a long-term marriage
C. Whenever a spouse cannot provide for his/her own needs with employment
Which of the following is NOT a factor courts will consider when determining a support award?
A. Marital misconduct
B. Contributions to the marriage
C. Standard of living
D. Who filed the divorce action
D. Who filed the divorce action
Which of the following is FALSE regarding a court’s jurisdiction related to divorce proceedings?
A. A court with personal jurisdiction over one party, but not the other, can nevertheless order a division of marital property.
B. Most states have a residency requirement to establish subject-matter jurisdiction.
C. Courts with personal and subject matter jurisdiction have full equity powers including division of property and awarding spousal or child support.
D. A court with personal jurisdiction over one party, but not the other, can nevertheless grant a divorce.
A. A court with personal jurisdiction over one party, but not the other, can nevertheless order a division of marital property.
FILL IN THE BLANKS.
A party seeking a modification in spousal support has the burden of establishing __________ change in circumstances in either the recipient’s _________ or the payor’s _____________.
A. You Selected: a significant; needs; ability to pay
B. any; needs; voluntary reduction in income
C. a voluntary; needs; ability to pay
D. a significant; employment; employment
A. a significant; needs; ability to pay
What are the typical types of spousal support?
1) Lump sum
2) Permanent
3) Limited duration
4) Rehabilitative
5) Reimbursement
6) Palimony (available in only a few states)
What kind of support is available to an unmarried cohabitant in a minority of jurisdictions?
Palimony. This is only available when the parties have lived together in a stable, long-term relationship.
Under what conditions can spousal support be modified?
Generally, spousal support is modifiable even when deemed permanent. The party seeking modification generally has the burden of establishing a significant and continuing change in circumstances in the needs of the dependent spouse or financial abilities of the obligor.
