Fam Law Ch 5
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The sum of money, or other property paid by a former spouse to the other former spouse for financial support
What is Alimony called in Indiana?
a mensa et thoro?
- Divorce from bed & board
- Similar to legal separation (marriage was not severed but they could live apart)
- Husband had the duty to support the wife while she lost property rights.
Why was alimony created?
- Women had no rights and needed support
- Women only received alimony if she was the innocent spouse.
- Idea meant to punish the husband
Indiana maintence circumstances?
- Spousal-Incapacity: Spouse lacks sifficient property and has a need.
- Caregiver: Spouse takes care of a child w/ incapacities
- Rehabilitative: Spouse lacks education/work and needs support to gain new skills (only up to 3yrs)
Types of Alimony?
- Pendente Lite
Pendent Lite Alimony?
Occurs when a divorce action is pending, a spouse may petition the court for temp. support.
- Specified periodic payments for an indefinite period of time (NOT PERMANET)
- Generally terminated on the death of either spouse, remarriage of the recipient, court ordered.
- Limited/Short term
- Meant to provide spouses with some measure of predictability concerning their present and future needs.
- Encourgaes recipient to find employment or training.
Small payment meant to allow the spouse the right to alimony.
Purpose is to compensate a spouse for contributions to the other's education or career development.
Can you wave alimony?
Yes but you can't change your mind.
Yes but you must prove a substantial change of circumstances since the first order.
What terminates alimony?
Is alimony taxable?
Yep but only for the payor.
Tips for paying alimony?
- Never pay cash
- Keep records of payment
- Consider the readjustment of lifestyle.
The court balances the need vs. what the party can pay
What would you like to do?
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