What Are The Types of Alimony Overview
As the years passed and many people became ineligible to receive lifelong alimony payments, new types of alimony were developed as a way of meeting the changing need of spouses. It is up to the court to decide what type of alimony an individual may be entitled to receive. Some individuals may qualify for none.
Each type of alimony carries certain requirements. However, since alimony decisions vary drastically from case to case, one can never be positive that they will be receiving alimony, even if they appear to fit the qualifications for a particular type. The court will review a situation before they decide what type of alimony would be best for the individual receiving it.
Temporary Alimony:
There are many people that are awarded temporary alimony payments. Temporary alimony is the allowance that is paid to a spouse during the time while litigation for the divorce is taking place. It is defined and arranged in a separation agreement between the spouses. If the spouses cannot agree on a separation arrangement, then the judge creates one. The judge will take into account the current needs of each spouse during the separation.
Since divorce cases can take a long time before being finalized, the judge can put a stop on temporary alimony payments after two years. Temporary alimony payments may be higher than the payments that one receives after the divorce is completed. This is because the time period of the separation is supposed to allow for an individual to get used to a new standard of living. It will also possibly give the spouse a chance to find a job, if they do not have a job already. These payments stop when the divorce is final.
Rehabilitative Alimony:
While there are many people that balk at the idea of alimony payments, there are still many more people that believe that rehabilitative alimony is the fairest type. Rehabilitative alimony starts when the divorce is complete. It is awarded for a set time period. During that time period, the court expects the alimony recipient to take steps to advance in their career, get job training, or obtain an education. The amount of time that is granted to a spouse depends on the situation. Generally the shorter the marriage, the shorter amount of time a spouse will be entitled to rehabilitative alimony.
A plan may bet set up at the beginning of the payments that detail the steps that the dependant spouse plans on taking to improve their life. This is considered to be one of the fairest alimony arrangements. When the time period is up, the recipient of the payments may request a continuance, depending on the circumstances. However, a court may decide that the recipient has had enough time to complete their goals and that the paying spouse should not have to continue alimony. They also may decide that the recipient has a good reason for wanting an extension and grant it.
Permanent Alimony:
In today's society there are many times when requests for permanent alimony is denied. This is because criteria for permanent alimony relies on the long length of one's marriage, any disabilities or health problems, age, past job experience, and future earning potential. If a spouse does not fit at least some of those qualities, it is rare that they will be awarded permanent alimony payments.
There are many organizations and people that fight the concept of permanent alimony. When one is entitled to permanent alimony payments, the spouse will have to pay until the recipient dies. If the paying spouse dies, their estate must keep paying it. While some things can stop a permanent alimony arrangement, it often means that an individual will be paying alimony until his ex-spouse dies.
Reimbursement Alimony:
This type of alimony is not common. Reimbursement alimony is awarded to pay a spouse back for something over a period of time. Usually, this refers to an education. If one spouse went to medical or law school as the other supported them, the supporter may be entitled to reimbursement alimony, as a way of repayment. A person may also have to reimburse a spouse for payment they put into a house or other large items.
Mostly, it reimburses the recipient for their help allowing the other spouse to pursue a higher education. The quicker an individual files for divorce after the education is received, the more likely they are of being awarded reimbursement alimony. This can be paid over time or in a lump sum payment.
Related Topics
- No Fault Divorce New York
- Alimony in Texas
- How Much Does a Divorce Cost in Colorado
- Uncontested Divorce New Mexico
- Child Custody Laws in Hawaii
- Child Visitation Problems and Suggestion Overview
- Contested Divorce in Georgia
- Alimony in Oklahoma
- Positive Effects of Divorce on Children
- What Are The Divorce Restrictions in Early America