Spousal Support

Question 1

Types of Alimony Available in Arkansas

Answer 1

• temporary spousal support during divorce proceedings “pendente lite”
• temporary (or short term) alimony
• permanent (or long term) alimony

Question 2

a court might award temporary alimony payments as?

Answer 2

reimbursement to a spouse who supported the family while the other spouse got a degree to increase earning potential (award for a limited period of time, often granted to allow one spouse the opportunity to gain new skills)

Question 3

Permanent alimony is generally reserved for?

Answer 3

spouses with very poor employment prospects due to ill health or advanced age

Question 4

Before awarding any type of alimony, an Arkansas court must find?

Answer 4

that one spouse has financial need and the other has the ability to pay

Question 5

Factors the court will consider in making this determination include:

Answer 5

1. The ability to obtain future employment;
2. Each spouse’s resources, assets, and debts,
3. The life situation of both parties during marriage
4. the length of the marriage.

Question 6

Which spouse can ask the court to modify alimony payments? and for what reason?

Answer 6

Either spouse can ask the court to modify alimony payments due to a material change in circumstances

Question 7

alimony will terminate automatically when?

Answer 7

1. if the recipient spouse remarries
2. if the recipient spouse enters into a relationship and has a child with someone other than the spouse paying alimony
3. if the recipient spouse enters into any relationship considered the equivalent of remarriage (such as a court order requiring the recipient to pay child support or receive child support from someone who is NOT the payer)

Question 8

What are the TAX effects of alimony?

Answer 8

Periodic alimony payments are usually taxable to the recipient and tax-deductible by the payer