Fam Law Ch 5

The sum of money, or other property paid by a former spouse to the other former spouse for financial support

Spousal Maintenace

• Divorce from bed & board
• Similar to legal separation (marriage was not severed but they could live apart)
• Husband had the duty to support the wife while she lost property rights.

• Women had no rights and needed support
• Women only received alimony if she was the innocent spouse.
• Idea meant to punish the husband

• Spousal-Incapacity: Spouse lacks sifficient property and has a need.
• Caregiver: Spouse takes care of a child w/ incapacities
• Rehabilitative: Spouse lacks education/work and needs support to gain new skills (only up to 3yrs)

• Pendente Lite
• "Permanent"
• "Rehabilitative"
• Nominal
• "Reimbursement"

Occurs when a divorce action is pending, a spouse may petition the court for temp. support.

• Specified periodic payments for an indefinite period of time (NOT PERMANET)
• Generally terminated on the death of either spouse, remarriage of the recipient, court ordered.

• Limited/Short term
• Meant to provide spouses with some measure of predictability concerning their present and future needs.
• Encourgaes recipient to find employment or training.

Small payment meant to allow the spouse the right to alimony.

Purpose is to compensate a spouse for contributions to the other's education or career development.

Yes but you can't change your mind.

Yes but you must prove a substantial change of circumstances since the first order.

• Remarriage
• Death
• Cohabitation

Yep but only for the payor.

• Never pay cash
• Keep records of payment
• Consider the readjustment of lifestyle.

The court balances the need vs. what the party can pay