the court may
not award alimony to any spouse who commits adultery before the court issues a written property settlement or permanent order of separate maintenance.
Some states will
not award alimony to a spouse who has committed adultery.
Unlike most jurisdictions, which do
not award alimony or divide property or debts in an annulment action, the District of Columbia permits the court to divide marital property and debt equitably.
The court will
not award alimony unless, after considering these factors, it determines alimony is appropriate.
Some states do
not award alimony unless there is some form of wrongful conduct and those are often times only seen in fault divorces, where one spouse can prove something like abandonment, financial abuse, addiction, physical abuse, adultery, child abuse, etc. most states, now, are no fault, and if alimony is available it's often only rehabilitative.
Not exact matches
If the supporting spouse is
not «at fault» for the breakup of the marriage and is willing to take the other spouse back, can the family court
award alimony?
Alimony per se can not be awarded in Japan but clients often want a Japanese contract to handle the issue of alimony in the event that a divorce is sought in a court outside
Alimony per se can
not be
awarded in Japan but clients often want a Japanese contract to handle the issue of
alimony in the event that a divorce is sought in a court outside
alimony in the event that a divorce is sought in a court outside Japan.
The Arizona Court of Appeals concluded the trial judge did
not make a determination regarding whether to
award spousal maintenance the amount of the
alimony award.
The sole basis for that court's determination of fault was that, under Florida law, a wife found guilty of adultery can
not be, as Mrs. Firestone was,
awarded alimony.
Time, the court reasoned, should have realized that a divorce decree containing an
award of
alimony could
not, consistent with Florida law, have been based on adultery.
The Court of Appeals remanded the
alimony award back to the family court because the family court hadn't considered Social Security retirement benefits that Wife was entitled to apply for.
The chancellor found that appellee's interest in Wal - Mart stock options that could
not yet be exercised were
not marital property but compensated appellant with an
award of
alimony.
The court can't
award any part of it to the other spouse, but it could set it aside for spousal maintenance (
alimony) or the benefit of minor children.
That's
not to say courts never
award long - term
alimony, but it's become more the exception than the rule.
Alimony is
not awarded in all Arizona divorce cases.
At the temporary hearing Wife wasn't
awarded any temporary
alimony, though Husband was required to pay the first mortgage on the home where she resided and pay $ 50.00 per month toward's Wife's son's drug abuse treatment.
After the family court issued a final order
awarding her $ 500.00 per month in permanent periodic
alimony, Wife filed a motion pursuant to Rule 59 (e), SCRCP, requesting the family court reconsider its decision to
not award her attorney's fees and credit her the payments she made on the second mortgage.
W2000 -03067-COA-R3-CV (Tennessee Court of Appeals, February 5, 2002): The husband appealed the property division, denial of rehabilitative
alimony,
award of attorney's fees to wife, and decision
not to hear evidence on child custody.
In a sixteen year marriage, where the supported spouse earns $ 30k per year and is working at her full capacity, and the supporting spouse earns $ 60k per year, and fault is
not a factor, an
award of permanent periodic
alimony of $ 500.00 per month is proper.
More than any other factors, in my view at least, these two should guide a judge's decision in whether or
not to
award alimony.
Depending on the type of
alimony awarded, it may or may
not be modifiable.
Unless the couple agrees
not to seek any changes to the original spousal support
award in court, either spouse can ask the court to modify
alimony payments due to a material change in circumstances.
In Pennsylvania,
alimony is regarded as a secondary remedy
awarded in cases where the division of marital property does
not provide sufficient economic resources to enable a dependent spouse to achieve self - support through appropriate employment.
When Your Ex Doesn't Pay Support As Required When spousal maintenance (aka
Alimony) is
awarded, whether through settlement or at trial, most clients believe they can close the book on that particular chapter of their case.
Kentucky courts can
award maintenance — also called
alimony or spousal support — to either spouse if it finds that one spouse does
not have sufficient property to provide for his needs and can
not support himself by finding a job.
A court often
awards a spouse
alimony, or spousal support, when one spouse can
not financially provide for herself.
If you have been
awarded an
alimony payment and your ex-spouse is
not adhering to those requirements, you may want to hire a post divorce attorney and go back to court to have the
alimony payments enforced.
Massachusetts divorce law, Chapter 208 of the Divorce General Provisions, states that
alimony is
not awarded if the requesting spouse receives other property in the divorce.
Ohio courts may consider the adulterous spouse's affair when deciding whether to grant a divorce and
award alimony, but adultery generally does
not affect a court's child custody and child support decisions.
Annulments treat the marriage as if it never existed and do
not involve many of the time consuming issues associated with divorce, such as dividing property and
awarding alimony.
Additionally, when deciding whether or
not to
award alimony to one spouse, the court may consider the property distribution.
Although several states
award alimony to civil partners and common law spouses, North Carolina does
not.
If a judge
awards you temporary support, it does
not necessary mean you'll receive
alimony beyond that point.
Unfortunately, if your divorce has gone final and you do
not have a pending claim for
alimony at the time your divorce is finalized, then a North Carolina court does
not have jurisdiction to
award you
alimony.
In the extremely narrow class of such cases where a spouse's conduct rises to the level of egregious fault, fault can be considered by the judge at trial,
not in calculating an
alimony award, but in the initial determination of whether
alimony should be allowed at all.
This means that if the spouse who is the lower earner can
not support themselves, the judge will
award them
alimony, even if they were the one who committed the adultery and were the one to initiate the divorce.
The couple is
not asked to
award custody,
alimony, child support or property to either party because the parties have already reached agreements on these matters.
Alimony is generally
not awarded during such limited divorce actions.
In New Jersey, both child support and spousal support /
alimony awards may
not exceed 60 % of a military member's pay and allowances.
Rather, whether or
not to
award post-divorce
alimony lies within the exclusive discretion of the court and based on 17 different factors that it can consider in the Pennsylvania
alimony statute (23Pa.
Alimony is taxable income and a tax deduction for the spouse who pays, but you will
not be taxed on
awarded assets.
Alimony is
awarded in some Massachusetts divorces, but it is
not an entitlement or a right.