Book Opener

Divorce Settlementl How to identify factorsconsidered indetermining alimonypaymentsl How to describe theway marital propertyis distributed when acouple divorcesl How to explain thelaws regardingcustody and support ofchildrenUnderstanding the lawsabout alimony, propertydistribution, custody, andsupport can help youthrough a difficultdivorce.l alimonyl equitable distributionlawsl sole custodyl joint custodyAlimonyThe word alimony comes from Latin and means “sustenance,” or“nourishment.” In the legal context of divorce, alimony is an allowancefor support and maintenance made to a divorced person by a formerspouse. It is not intended as a penalty.Temporary alimony is granted to one of the spouses while he or sheis waiting for a divorce or separate support action to be completed. It issometimes called alimony pendent lite, meaning “alimony pending alawsuit.” Usually, the spouse who is found to have been at fault duringthe marriage will not be awarded alimony.Example 5. Stephen Gagne obtained a divorce from his wife,Eliza, on grounds of cruelty. The court did not order him to payanything to Eliza because her misconduct during the marriage(her cruelty to Stephen) eliminated her entitlement to alimony.There is no fixed rule for determining the amount of alimony. Suchfactors as your income and earning capacity, financial resources, futureprospects, current obligations, the number of dependents, and thenumber of former or subsequent spouses are taken into consideration.Also considered are your spouse’s situation in life, earning capacity,separate property, contribution to your property, age, health, obligations,and number of dependents.If a spouse who is receiving alimony gets married again, that doesn’tnecessarily end the obligation to pay. Usually, however, the court willchange its order relative to alimony in such a circumstance. In moststates, the death of either party ends the obligation to pay alimony. Thelaws of a few states require the deceased husband’s estate to continuepaying alimony.Marital PropertyMost states have laws intended to assure equitable distribution ofmarital property when a couple divorces. Equitable distribution lawsallow judges to distribute property equitably, or fairly, between a husbandand wife, regardless of who has title to the property. In dividing the property,judges consider such things as the age and individual earning powerof each spouse, the length of the marriage, and the contributions of eachspouse to the marriage, including the value of homemaking services.702 Unit 7: Planning for the Future