Types of Alimony

Permanent Periodic Alimony: The purpose of this alimony is to provide for the needs and necessities of life for a former spouse as they were established during the marriage of the parties. The court looks at various factors to determine the need for this type of alimony such as the parties' earning ability, age, health, education, duration of marriage, the standard of living during the marriage, and the value of the parties assets. In awarding this type of alimony, the court shall find that no other form of alimony is fair and reasonable under the circumstances. This type of alimony usually consists of monthly payments until the recipient dies, the payor dies, or the recipient remarries. It is typically only awarded in long term marriages (over 17 years).

Rehabilitative Alimony: The purpose of this type of alimony is to provide funds to allow the recipient to establish the ability for self-support, typically through schooling. For the court to order this type of alimony, the requesting spouse must present a rehabilitative plan which includes the object of the rehabilitation, the cost of the plan, and the timeframe to complete the plan. The length of marriage is not a significant factor in awarding this type of alimony.

Bridge the Gap Alimony: This type of alimony is used to help the recipient meet short term financial difficulties because of the cost of the transition from married to single life. It is typically awarded in short term marriages (under 7 years). Bridge the gap alimony cannot exceed 2 years. Bridge the gap alimony can also be used in conjunction with other types of alimony to meet a short term gap of financial need.

Durational Alimony: This is the newest type of alimony. Alimony of this type is awarded for a set period of time. It is typically awarded in marriages of moderate length (between 7 and 17 years). The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. This type of alimony terminates upon the death of either party or upon the remarriage of the spouse receiving the alimony.

Temporary Alimony: Temporary alimony is alimony paid during the pendency of a case. The standard for the award of temporary alimony is based on needs fixed by the parties' current standard of living and the current ability to pay. The Court has broad discretion when determining temporary alimony.

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