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Alimony
Alimony is spousal support for the lower income-earning spouse after the termination of marriage. The primary purpose of alimony is for rehabilitation purposes, i.e., to allow the recipient to become self-supporting. Alimony is income to the recipient and a tax deduction for the spouse paying the alimony. There are three types of alimony:
1. Permanent Alimony: permanent alimony, or indefinite alimony, is granted where, because of the recipient’s age, disability, or illness, he/she is unlikely to become self-supporting. It is also granted where, even after becoming self-supporting, the relative standard of living of each spouse would be unconscionably disproportionate.
2. Rehabilitative Alimony: unlike permanent alimony, rehabilitative alimony only last for a limited period of time – until the recipient becomes self-supporting. This means that alimony payments are made to the recipient until the time the party gains the appropriate education and training to enable him or her to become self-supporting.
3. Alimony pendente lite: alimony pendente lite, or “suit alimony,” is awarded to either party during litigation for divorce. The alimony payments are temporary.
Alimony payments terminate upon the death of the paying spouse or upon the death or remarriage of the spouse receiving alimony. It can also terminate if the court wants to avoid a harsh or unfair result.
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