Alimony

 

There are two requirements for an award of alimony: 

 

1.  The recipient spouse must have a need; and 

2.  The payor spouse must have the ability to pay. 

 

To have a need, a recipient spouse must be unable to gain or regain enough income to meet the standard of living. If after the equitable distribution of the marital assets the spouse receives enough income to meet the standard of living, then that spouse does not need additional funds and therefore alimony is not awarded. To determine an appropriate alimony award, the court must consider all relevant economic factors.  These factors include:

 

1.  the parties standard of living during the marriage;

2.  the length of the marriage;

3.  the parties ages and their physical and emotional condition;

4.  their financial resources, assets and liabilities, and sources of income;

5.  the parties need for further education or training; and

6.  the contribution made to the marriage by each party (providing 

     homemaking, child care, or educational and career support to the 

     other spouse). 

 

There are five types of alimony: temporary, permanent periodic, rehabilitative, bridge-the-gap, lump sum and durational . The court can award no alimony at all or a combination of all different types.

 

1.  Temporary alimony is money paid to a party for the duration of 

     the divorce.

2.  Permanent periodic alimony is usually awarded in long term divorces 

     when a spouse lacks the ability to provide for themselves after 

     a divorce. There are generally three requirements for permanent

     periodic alimony: 

     a.  Long term marriage; 

     b.  Income disparity between the parties; and 

     c.  The recipients income from all sources does not meet the need 

          established during the marriage.

3.  Rehabilitative alimony is used to help the spouse while they attend

     school or other training so they may become self-sufficient.  

4.  Bridge the Gap alimony is awarded to help a spouse transition after 

     a divorce. 

5.  Lump Sum alimony is a lump sum and cannot be modified. 

 

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If you have questions regarding Alimony, please

contact Donaghy Lowy, LLC to schedule your free consultation.