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Topic: Alimony

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  AllRefer.com - alimony (Legal Terms And Concepts) - Encyclopedia
Alimony is distinct from child support, which is the duty of both mother and father to contribute, based on ability to pay, to the support of minor children.
Temporary alimony is allowed pending the outcome of a suit for divorce or separation, or for a decree of nullity of marriage, whether initiated by husband or wife; permanent alimony may be granted after a divorce has taken effect.
Alimony ceases on the death of the individual liable; it is not payable out of his or her estate.
reference.allrefer.com /encyclopedia/A/alimony.html   (398 words)

Alimony, on the other hand, is not necessarily geared to the passage of time (although it can be), and may continue indefinitely or to the death or remarriage of a party.
Alimony is likely to be ordered in circumstances where continued financial contribution to one of the parties by the other is appropriate - all depending upon the economic circumstances of the parties.
On the other hand, alimony is likely in the typical situation where the parties have been married for more than 20 years, one of the parties has been the primary bread winner, and the other has remained at home, raising children and foregoing a career outside the home.
www.murrayesq.com /alimony.htm   (1115 words)

The provinces also had their various forms of alimony, which could only be actions limited to separation (judicial separation), or for alimony or maintenance only (except Nova Scotia, which had its own divorce law prior to Confederation).
They all originally had several common features: alimony was awarded to a faultless wife, on a periodic basis upon proof of the husband's misconduct.
Alimony is also provided for in provincial domestic relations statutes such that a person does not have to rely only on the Divorce Act to claim spousal support.
www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0000144   (814 words)

 "Alimony" Defined & Explained
The causes for granting alimony to the wife are desertion, or cruelty of the husband and divorce.
Alimony is granted in proportion to the wants of the person requiring it, and the circumstances of those who are to pay it.
Alimony is allowed to the wife, pendente lite, almost as a matter of course whether she be plaintiff or defendant, for the obvious reason that she has generally no other means of living.
www.lectlaw.com /def/a038.htm   (319 words)

 CATHOLIC ENCYCLOPEDIA: Alimony   (Site not responding. Last check: 2007-11-07)
In the common legal sense of the word, alimony is the allowance which by order of the court a husband pays to his wife for her maintenance while she is living separately from him, or the allowance or provision ordered by the court to be paid by her former husband to a divorced woman.
There are two kinds of alimony, the one kind, alimony pendente lite, being an allowance to the wife pending a suit between herself and her husband, and the other the allowance or provision after suit, and which is known as permanent alimony.
The courts in the several states having jurisdiction to award alimony in matrimonial cases and the circumstances under which it may be awarded are to be ascertained from the constitution, the statutes, and the decisions of the courts of each state.
www.newadvent.org /cathen/01313a.htm   (638 words)

Alimony awards are based upon the need of one spouse for financial support, and the ability of the other spouse to pay.
Alimony is more likely to be an issue in a long-term marriage where the earning capacity of one spouse is significantly lower than the earning capacity of the other.
Alimony also comes up in a marriage of any length if one party is unable to work and may be forced onto public assistance in the absence of an alimony award.
www.bolgenlaw.com /alimony.htm   (364 words)

Alimony is awarded to either spouse in an effort to maintain the standard of living that both parties were accustomed to during the marriage.
This type of alimony is to be paid until either the death of the payor of the remarriage of the recipient.
This type of alimony may be awarded when the persons involved are on almost equal ground but due to certain circumstances one person may need financial assistance in order to "get on their feet".
www.angelfire.com /al4/santos/alimony.html   (579 words)

 Alimony   (Site not responding. Last check: 2007-11-07)
Alimony is the support paid by one spouse to the other after the marriage has been dissolved by the court.
The duration of rehabilitative alimony payment is generally no more than a few years, although in special circumstances (especially when there has been a long term marriage), the Court may order payment of alimony for a longer or indefinite term.
The court is required to consider the standard of living established during the marriage, the duration of the marriage, the age and health of the parties, the financial resources of the parties, the time necessary to become fully employed, the contribution of the parties to the marriage, all sources of income available to each party.
www.floridalawguys.com /alimony.htm   (340 words)

 Tax Analysts: Free Bulletins: Individual Income Taxes: Alimony Deduction
Periodic alimony, it pointed out, consists of periodic payments to the payee spouse that are to continue indefinitely until the remarriage of the payee spouse or the death of either the payer or payee spouse.
Further construing state law, the appellate court stated that In contrast to periodic alimony, Mississippi's lump sum alimony is a final settlement, substituting as a division of property, between a husband and wife that cannot be subsequently modified for any reason except fraud.
Because Pat's payments under the 1989 judgment were made to extinguish his obligations to pay alimony arrearages and future alimony, the court said, the lump sum alimony payments that he made are treated as payments in satisfaction of unpaid and accrued alimony to the extent of those arrearages.
www.taxanalysts.com /www/tadiscus.nsf/Archives/EF4DD997387421EC852562D1007367CF?OpenDocument   (1461 words)

 Untitled Document
Alimony can be withheld from the paying parties paycheck or the party can be ordered to pay the money to Support Enforcement who will distribute it to the other party.
In order to obtain alimony, there has got to be a need for assistance on the part of the requesting party and an ability to pay alimony on the part of the other party.
This alimony is for a specific period sufficient to allow the receiving party to finish their education or advance in the job market to the point that they can make a reasonable living and be self sufficient.
www.floridadivorce.com /divorce_topic/alimony.htm   (417 words)

Alimony is not designed to serve as an annuity for the wife; the "purpose of alimony is to care for the (disadvantaged spouse's) needs after divorce, not to provide (the spouse) with a life-time profit-sharing plan." Umstot v.
Alimony in futuro is alimony to be paid as continuing support, generally in monthly payments, and does not automatically terminate after a given length of time or after a certain amount has been paid.
The amount of alimony to be awarded is a matter for the trial court's discretion in view of the particular circumstances of the case, and the appellate courts are not inclined to alter the awards except where the record reflects that such discretion has been abused.
www.jesbeard.com /3d.htm   (927 words)

 Divorce and alimony - Equality in Marriage Institute
Alimony (or spousal support) used to be given to ex-wives to allow them to live in the same style as when they were married.
Permanent alimony is usually considered when there has been a marriage of over 20 years or if a spouse has a serious illness that does not allow them to generate their own income.
Lump sum alimony is simply paying the alimony amount agreed to all at once, which is sometimes an attractive option as it reduces the continuous financial dependency on the ex spouse.
www.equalityinmarriage.org /wdali.html   (732 words)

 [No title]   (Site not responding. Last check: 2007-11-07)
Usually it is paid by the male to his ex, but in some cases a wealthy woman may have to pay her husband, or, in same-sex relationships the "breadwinner" may pay to support his/her stay-at-home former partner.
Payment of alimony is usually limited in time based on the number of years of marriage.
Income tax-wise, alimony is deductible as an expense for the payer and charged as income to the recipient.
dictionary.law.com /definition2.asp?selected=2385&bold=||||   (189 words)

 Texas Alimony -Spousal Maintenance Information
The idea of alimony is to provide a former spouse with periodic payments since during the marriage one spouse may have been the main financial provider of the family.
Alimony payments cannot exceed three years in Texas unless the ex spouse has physical or mental disabilities that does not allow him/her to be self-supporting.
A Houston divorce lawyer is important in trying to obtain alimony because of the necessity to prove the limited scenarios in a narrowly focused aspect of divorce law.
www.divorcelawyerinhouston.com /alimony   (430 words)

 Important Laws: Alimony Statutes
(1) "Alimony" means an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action for divorce, whether absolute or from bed and board, or in an action for alimony without divorce.
The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection (b) of this section.
The claim for alimony may be heard on the merits prior to the entry of a judgment for equitable distribution, and if awarded, the issues of amount and of whether a spouse is a dependent or supporting spouse may be reviewed by the court after the conclusion of the equitable distribution claim.
www.rosen.com /ppf/cat/statal/laws.asp   (2107 words)

(4) (a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s.
Alimony may be modified if the payor has a substantial decrease or increase in income.
Alimony is deductible to the payor and includible in the payor's income tax return.
www.famlawboca.com /Alimony.htm   (2976 words)

 Alimony under Michigan Law   (Site not responding. Last check: 2007-11-07)
The question as to whether alimony is modifiable turns on whether the court determines it is alimony in gross or periodic alimony.
Periodic alimony is subject to modification on a showing of a change in circumstances, while alimony in gross is normally not modifiable.
The payee of the alimony conceded that the purpose of the award was to provide for her support until she found gainful employment.
www.cvalaw.com /articles/divorce/alimony.htm   (957 words)

 The Basics of Alimony
In some states, an alimony recipient who begins cohabiting (usually living intimately with a person of the opposite sex but a few courts have applied this rule to women who begin living with female lovers) is presumed to need less alimony than originally awarded.
When an alimony recipient's income increases, her ex-spouse may file with the court a request for modification of the alimony, claiming that the changed circumstance means his ex-spouse needs less alimony.
When the alimony payer remarries, the recipient is unlikely to be able to obtain an increase in alimony unless she can show an increased need which happened to coincide with or predate the payer's remarriage.
www.lectlaw.com /files/fam18.htm   (3562 words)

 PA Legal Services.com - Pittsburgh Alimony & APL Lawyer - Spousal Support Attorney in Pittsburgh   (Site not responding. Last check: 2007-11-07)
Alimony in Pennsylvania is the periodic payment of support money for maintenance of a former spouse.
Alimony is available if necessary to ensure the ability of the economically weaker party to support him or herself.
Alimony Pendente lite (commonly APL) is Alimony given during the pending litigation.
www.palegalservices.com /alimony.asp   (735 words)

 Mitchell Brewer Richardson - Alimony & Post-Separation Support
The requisites for post-separation support and alimony are somewhat different under the law in North Carolina as it exists prsently as opposed to the former law.
By contrast, the language of the alimony statute requires an award of alimony in cases where the court finds an alimony award to be equitable.
If alimony is payable under a court order, whether originally established as a court order or entered as a result of a suit for breach of contract, the order is enforceable through the contempt powers of the court and penalties, including jail for non-compliance may be imposed.
www.mbr-law.com /alimony_&_post_separation_support.htm   (1229 words)

 North Carolina Divorce and Alimony -
Under the old law, if the parties were unable on their own to settle the issue, permanent alimony submitted to a judge could only be decided on by the judge after the property of the marriage had been distributed.
However, if alimony is now awarded prior to a division of the marital property, a party may request that the alimony award be reconsidered once the property is divided.
Alimony under court order is payable as either a lump sum or in the form of periodic payments, for a specified or an indefinite term.
www.rosen.com /ppf/ID/21/big.asp   (1511 words)

The recapture rule applies if alimony paid in the second or third year of the 3-year period is more than $15,000 less than in the prior year.
Child support payments are not treated as alimony and therefore are not deductible by the payer spouse and are not income to the receiving spouse.
There are two situations in which payments that would otherwise qualify as alimony will be treated as child support because the payments are reduced at a time presumed to be associated with the happening of a contingency relating to the child.
www.cookco.us /alimony.htm   (968 words)

 Making a Claim for Alimony
Failure to make a claim for alimony as part of a divorce means that you cannot come back later after the marriage has ended and start an alimony claim.
The purpose of this type of alimony is to maintain the status quo during the divorce.
You may receive alimony if (because of your age, an illness, or a disability) you cannot (1) make reasonable progress toward supporting yourself or (2) even if you can make reasonable progress; your ex-spouse’s standard of living is "unconscionably disparate" from yours.
www.peoples-law.com /Family/divorce/alimony/alimony_making_a_claim_for.htm   (1077 words)

This new type of alimony is meant to fill a gap that has long been a problem for financially dependent spouses.
Reimbursement alimony is intended for spouses who have supported their mates through years of advanced schooling.
Rehabilitative alimony is designed for spouses in shorter marriages who need some help re-establishing themselves in the job market and who have a specific vocational plan.
www.wellslaw.com /alimony.htm   (455 words)

 Overview of Alimony
Alimony is a series of payments from one spouse to the other as a consequence of a divorce.
Alimony is paid for a variety of reasons, but its purpose is to assist in making the settlement between the parties fair and equitable.
Alimony may be paid in lieu of a division of property; to support one spouse until the spouse is relocated or finds a new career; to even out the disparities in income between the spouse; or to support the other spouse because the spouse has a limited earning power.
www.mylawyer.com /familylaw/alimony/overview.htm   (405 words)

 Alimony: You are the Weakest Link!   (Site not responding. Last check: 2007-11-07)
In order to gain an understanding as to perceptions of alimony awards from court to court or even from attorney to attorney, a hypothetical was distributed to judges and attorneys throughout the state, based on a divorce scenario.
Consequently, the English divorce meant that the woman was still married, but separated from her husband, the rights of a single woman were not restored to her, and she was forever dependent upon her husband for support.
Although the court denied her motion because of untimely notice, there apparently was recognition by the Nevada Supreme Court that the wife had the right to request an "alimony" award for the purpose of prosecuting the action.
www.judgegaston.com /alimony___you_are_the_weakest_.html   (1477 words)

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