Do I qualify for Alimony? What is my exposure on this issue?
Alimony is determined after the court’s assessment of the asking party’s need for alimony and the ability of the other party to pay. Without a need for alimony, none will be awarded. Where one party needs alimony and the other party lacks the ability to pay alimony, it will not be awarded.
Temporary Alimony or Pendente Lite
In any divorce proceeding, a party may request temporary support to help meet his or her need while the divorce proceeding is pending. The court will award a reasonable sum of alimony based on the requesting party’s immediate need.
Rehabilitative Alimony may be awarded to assist you in becoming able to support yourself. This type of alimony is designed to pay for you to redevelop previous skills or credentials, go back to school, complete a training program, or gain work experience necessary to get a better job.
In order for the court to award rehabilitative alimony, you should work with your attorney to develop a specific and defined rehabilitative plan. This is essential to get an award of rehabilitative alimony.
Bridge the Gap Alimony
Bridge the Gap Alimony is intended to help one party transition from the marital standard of living to the standard of living they can achieve as a single person. It is only awarded for a short period of time, not more than two years.
Durational alimony is to give assistance to a party for a set period of time, not to exceed the length of the marriage. It is awarded where permanent alimony is not appropriate but the other forms of alimony won’t suffice.
Permanent Alimony is intended to provide for necessary expenses as they were established during the marriage for a person who cannot support herself following a divorce. This particular type of alimony may be awarded in a marriage of 17 years or more where it is appropriate. If the marriage is between 7 and 17 years, Permanent Alimony could be awarded if the court thinks it is necessary after considering several factors, which include several factors set forth in the statutes. Permanent Alimony can only be awarded in short marriages when there are exceptional circumstances.
Lump Sum Alimony
Lump Sum Alimony can be awarded in addition to Permanent alimony if the court deems it appropriate. An example would be where the court would award one party the marital residence as alimony so that the home can be maintained to raise the children.
Support Unconnected with Dissolution of Marriage
Not everyone gets a divorce. Support Unconnected with Dissolution of Marriage is awarded when one spouse refuses to contribute to support of the other spouse or the children.