Alimony FAQs

Yes, assuming there is no specific agreement that alimony will continue after you re-marry. An absolute condition to the continued receipt of alimony payment is to remain unmarried for the duration of the alimony payment term. Therefore, your payments will cease because you have remarried, even if the payments are to continue for a few more years.

No. In accordance with the Equal Rights Amendment, a court can award alimony to either party in a divorce proceeding.

Possibly. While the amount and duration of alimony is based on a series of factors, even if your wife did cause the divorce, she will not be barred from obtaining alimony.

While it is unusual that alimony will be sought without requesting a divorce, it can be awarded by filing a complaint for alimony only. The person seeking alimony must allege grounds for a limited or absolute divorce, but there is no requirement that a divorce be granted or that the person seeking alimony prove that he or she could obtain a divorce had he or she desired one. The person seeking alimony without a divorce is only entitled to alimony and no monetary award or use and possession of the marital home.

You are likely not eligible for any alimony. You are self-supporting and, since you and your spouse’s income levels are the same, a court will likely not award any alimony since it is unlikely that your standard of living, during and after the divorce, will be unconscionably disproportionate to your spouse’s.

Since you have children, and assuming you will be their caretaker while in college, the court may extend your alimony payments until the completion of your education. The amount of alimony you receive also depends on a noncomprehensive list of factors such as your age, the length of your marriage, and the amount of time you have been out of the workforce in determining an appropriate alimony award.

Your chances are high because of the disparity in your standards of living after your separation. The court, however, would also look at other non-limiting factors such as your ability to obtain further education, your age, and the duration of your marriage.

You are likely not eligible although the disparity of incomes is wide enough that a court would find you eligible for alimony. The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony. Additionally, whether you receive alimony also depends on your age, the length of your marriage, and whether the court would consider you self-supporting, among other factors.

Due to your age, it is likely that the court will award you alimony but it will also consider your relative income levels and the duration of your marriage, among other factors. In general, the longer you were married, the more likely you will receive a higher alimony payment.

It will have very little effect assuming your husband was actually faking his sickness to avoid alimony payments. If so, then your husband has voluntarily impoverished himself and will be required to pay alimony based on his potential income.

Yes. This is a change that is significant enough to warrant a modification in alimony payments.

Yes. The change in prognosis for her recovery is a significant change in circumstance that would require a modification in alimony.

Your request for a modification will likely be unsuccessful without showing a more significant change in circumstances. If the only change is that your husband has acquired more money, this will not alone allow for an increase in alimony payments.

Under these facts, a modification will be difficult.

In general, yes, it is possible although it is in the discretion of the court and assuming modifications are not barred by prior agreement. An alimony award retroactively applied will then commence on a date preceding the filing of a motion of modification.

Most likely yes. His ability to pay this amount in the past will be a factor, among others, the court will look at in determining the alimony award. It may require him to continue to pay at least that amount.