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Alimony

Alimony is an allowance out of one spouse's separate estate for the support of the other spouse when the spouses are living separately.

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What is Alimony?

Alimony is an allowance out of one spouse’s (or ex-spouse’s) separate estate for the support of the other spouse when the spouses are living separately. The purpose of...

Determining Alimony

In order for a court to make a finding regarding alimony and determine the respective needs and abilities of both parties, the court considers eight factors.

When does Alimony end?

Typically, alimony ends with 1) the passing of either spouse; 2) remarriage of the recipient spouse; or 3) cohabitation of the recipient spouse with a romantic partner.

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Periodic Alimony

Periodic alimony is where one party receives periodic payments of alimony over the course of a certain period of time.

Lump Sum Alimony

Lump sum alimony is when one spouse pays the other a lump sum or money from that spouse’s separate estate/funds. Lump sum alimony does not have to be paid all at once, it may...

Temporary Alimony

Temporary alimony or alimony pendente lite (pending the suit), is where one spouse makes alimony payments to the other spouse during the pendency of the divorce.

Permanent Alimony

Permanent alimony is not necessarily "permanent." Unlike temporary alimony, permanent alimony typically means alimony incorporated in the final divorce decree.

Alimony Modifications

After a divorce matter is concluded and a Final Judgment and Decree of Divorce is entered in the matter, an action for a modification of alimony may be filed by either of the former spouses to seek a reduction or increase in the amount of alimony paid by one former spouse the other.

Adultery as a Bar to Alimony

A spouse will not be entitled to alimony if it is established that the separation between the spouses was caused by that spouse’s adultery. The adultery committed by that spouse must be proven by a preponderance of the evidence. Adultery is not a bar to alimony in every case. Only when it has been shown that the adultery of one spouse actually led to the separation of the spouses will the adulterous party be denied alimony as a result.

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