Alimony

Question 1

Alimony

Answer 1

Alimony is economic support paid to the economically dependent spouse. Courts have great discretion when awarding alimony.

The trend is to award less alimony because dual-income households have grown more common.

Question 2

Types of Alimony

Answer 2

There are four types of alimony:

1. Permanent Periodic Support. Permanent periodic support can be modified upon proof of substantial change of circumstances.
2. Lump Sum Support. Lump sum support cannot be modified, and is treated like a contract right.
3. Rehabilitative Support. Generally shaped to restore a disadvantaged spouse’s earning capacity through education or training. Rehabilitative support can be modified upon proof of a substantial change in circumstances.
4. Reimbursement Support. Generally shaped to compensate a disadvantaged spouse for investment in the other spouse’s training or education. Reimbursement support is usually treated like a contract right.

Question 3

What will a court consider when awarding alimony?

Answer 3

1. The needs of the dependent spouse;
2. The ability o the other spouse to pay;
3. The standard of living during the marriage;
4. The length of the marriage;
5. The contribution of each party to the marriage;
6. Marital fault.

Question 4

When can alimony be modified?

Answer 4

Permanent periodic support and rehabilitative support can be modified upon proof of a substantial and continuing change of circumstances. A voluntary reduction in income is not sufficient to support modification.

Question 5

When does alimony terminate?

Answer 5

Alimony terminates upon:

1. Remarriage of the recipient;
2. Death of either spouse;
3. In some jurisdictions, upon cohabitation with another person.