Alimony is financial support paid to the spouse who is financially disadvantaged. There are three types of alimony: (1) periodic alimony; (2) lump sum alimony; and (3) rehabilitative alimony.
Periodic Alimony:
Periodic alimony is a court-ordered payment, typically from the husband to the wife, which continues until her death or remarriage. For example, the court may order $2,000 per month to be paid until either event occurs.
- Duration: Periodic alimony lasts indefinitely, but it automatically ends upon the recipient’s death, remarriage, or cohabitation with someone of the opposite sex.
- Modification: It can be adjusted (increased or decreased) or terminated based on significant changes in circumstances.
- Tax Implications: The paying spouse can deduct periodic alimony from their taxes, while the recipient must report it as taxable income.
Lump-Sum Alimony:
Lump-sum alimony is paid as a one-time or scheduled payment that severs financial ties completely between the spouses. For example, a court may order the husband to pay $50,000 in total, paid at $10,000 per month for 5 months.
- Duration: This type of alimony has a fixed duration and can be paid in installments or as a lump sum.
- Modification: Lump-sum alimony is non-modifiable, treated like a contractual obligation.
- Tax Implications: Whether lump-sum alimony is deductible for the payor or taxable for the recipient depends on whether it is specified as alimony or part of a broader settlement agreement.
Rehabilitative Alimony:
Rehabilitative alimony is designed to assist the disadvantaged spouse in becoming self-sufficient. The court may order $1,000 per month for a set period, such as 36 months.
- Duration: This type of alimony is paid for a specific period.
- Modification: It ends automatically upon the recipient’s death, remarriage, or cohabitation. It can be altered or terminated if efforts to rehabilitate have been unsuccessful.
- Tax Implications: Like periodic alimony, rehabilitative alimony is deductible by the payer and taxable to the recipient.
- Purpose: It aims to restore the disadvantaged spouse’s earning capacity, especially if they gave up career opportunities during the marriage and need support to regain financial independence.
Factors for Determining Alimony:
The court considers several factors when determining alimony, such as:
- The financial resources of the requesting spouse, including earning potential and other aspects of the divorce settlement.
- The couple’s standard of living during the marriage.
- The time needed for the disadvantaged spouse to gain employment or complete necessary education/training.
- The ages and health of both spouses.
- The balance between the disadvantaged spouse’s needs and the paying spouse’s ability to pay.
- The physical condition of each spouse, including any disabilities or chronic conditions.
Considerations for Awarding Alimony:
The court primarily looks at the disadvantaged spouse’s needs and the paying spouse’s ability to support them.
- Fault may be considered when determining alimony but is usually not relevant when dividing property, unless there is proof of dissipating marital assets.
- Wage assignment may be used to ensure payment of alimony.
- Modifications typically require proof of significant and ongoing changes in circumstances, such as death, remarriage, cohabitation, or retirement if reasonable.
Alimony Pendente Lite:
Alimony pendente lite is temporary support provided to the disadvantaged spouse during the divorce proceedings. It is meant to assist with the costs of the divorce and ends when the divorce is finalized, unaffected by cohabitation.
- Changes to Alimony Pendente Lite: When the couple’s combined income exceeds $30,000, a formula applies based on the difference in income. The court also considers the length of the marriage when deciding the duration of alimony pendente lite.
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