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ALIMONY

Alimony is an allowance out of one party's estate, made for the support of the other party when living separately.  It may be either temporary or permanent.  The Court can, in proper circumstances, order alimony on a long term or indefinite basis.  Indefinite alimony is granted less often these days.  Technically, husbands can get alimony from wives, but it almost never happens.  Alimony is based upon the relative needs and resources of the parties.  The legislature has set out criteria for the Court to consider and they include:

1.  The standard of living established during the marriage;

2.  The duration of the marriage;

3.  The age and physical and emotional condition of both parties;

4.  The financial resources of each party;

5.  Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

6.  The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;

7.  The condition of the parties, including the separate estate earning capacity, and fixed liabilities of the parties; and

8.  Such other relevant factors as the court deems equitable and proper.

Indefinite periodic alimony can be raised or lowered over time if there is a substantial change of financial circumstances.  If you do not receive an award of alimony at the time of the divorce, you cannot get alimony later on.  Alimony in a definite amount of money or property instead of periodic payments cannot be modified.  Alimony for a specified period of time, such as, $500.00 a month for 36 months, can't be modified to extend the length of time for payment.

Living with someone after the divorce, regardless of whether you have sex or not, may cause alimony to be lowered or stopped.  Death of the person paying or receiving alimony or marriage of the person receiving alimony will terminate alimony unless the divorce settlement agreement or court order provides otherwise.