Alimony
Alimony is the regular payment of money for support of a spouse or former spouse at regular intervals during the joint lives of the parties to a former marriage. Rehabilitative alimony is to provide an opportunity for the recipient spouse to become self-supporting. Rehabilitative alimony is awarded for a limited period of time.
Permanent alimony is awarded by the court in cases of long-term marriage (10 years or more) or when the receiving spouse is unable to become self-sufficient due to health, age, or other factors. Permanent alimony may be modified or terminated if the circumstances of either spouse change significantly.
In determining whether to award alimony, the court considers the length of marriage, the discrepancy in incomes between the divorcing parties and the circumstances that contributed to the estrangement of the parties. This is also a factor in determining a monetary award. For example, in a case involving adultery, while no longer a ground for divorce under the new absolute divorce statute taking effect in 2023, it will still be relevant to a court’s consideration of a request for alimony or a monetary award. James Thomas is experienced in negotiating alimony payments to ensure they are fair and reasonable when established through a court of law.