Spousal Support Flashcards
Spousal support during the marriage
During the marriage, spouses have a reciprocal duty to support each other.
Necessaries doctrine may be used by 3rd party creditor to sue one spouse for payment for medical necessities of the other spouse, unless actual notice of separation.
Post Separation Support
Available after separation but before judgment of absolute divorce; also available for divorce from bed and board.
Court must determine that the dependent spouse cannot support herself and the supporting spouse is able to pay.
Marital misconduct by either spouse may be taken into consideration.
When does PSS end?
Earliest of:
Date in court order
Entry of alimony judgment
Entry of absolute divorce
Cohabitation or remarriage of dependent spouse or
Death of either spouse
Alimony
Obligation of one spouse to provide the other w/ support in the form of income after an absolute divorce. Reviewable and modifiable by the court. ED is usually not.
Court is not bound by PSS
Alimony will be barred when parties expressly agree to waive alimony rights in a valid premarital or separation agreement.
Alimony is treated as income for tax purposes for dependent spouse and deduction for supporting spouse.
Alimony can’t be discharged in BK
Most statutory factors for alimony are similar to thos for ED, court can count if for one but not both.
Marital misconduct is the only factor a court can rely solely on. It may bar alimony.
Marital misconduct
Fault or marital misconduct will be taken into account when determining alimony.
Court must make specific findings of misconduct.
Modification of PSS or alimony
May be modified by motion of either party (even if deemed permanent)
Must demonstrate a significant change in circumstances
A party who willfully or voluntarily reduces her income will not receive a reduction in her support payments.
Circumstances that end alimony or PSS by operation of law
Absent an express agreement by the spouses to the contrary:
Death
Remarriage of dependent spouse
Cohabitation by dependent spouse, if looks like marriage
The time specified in court order
As long as the award is in place and payments are being made, the court has jx to modify the award.
