Alimony/Spousal Maintenance

Question 1

Types of Alimony

Answer 1

Periodic
Lump sum
Rehabilitative

Question 2

Periodic alimony

Answer 2

A certain amount of money paid at set intervals (e.g., monthly)

Question 3

Lump Sum alimony

Answer 3

a fixed amount (can be payable in installments but cannot be modified)

Question 4

Rehabilitative alimony

Answer 4

awarded for a limited period of time, until the recipient spouse can become self-supporting by entering the work force

Question 5

Grounds for alimony under the UMDA

Answer 5

” Uniform marriage and divorce act”

the court finds that the spouse seeking alimony:

Lacks sufficient property to provide for his/her reasonable needs, AND is EITHER

unable to support themselves through appropriate employment, OR

is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home

Question 6

What are the factors to be considered in making an award of spousal maintenance

Answer 6

They generally require the trial court to consider:

the parties’ respective financial resources and needs;

the contributions each has made to the marital relationship ; AND

the duration of the marriage.

Question 7

Modification of spousal support

Answer 7

most states require a “substantial change in circumstances that rendered the original award unreasonable and unfair.”

Question 8

Ways spousal support can be terminated

Answer 8

After a specified term

On the death of either spouse

Automatically on remarriage or cohabitation